Davis v. Honeywell International Inc.
245 Cal. App. 4th 477
| Cal. Ct. App. | 2016Background
- Nickole Davis sues Honeywell International Inc. for her deceased father Sam Davis in a California asbestos case; Bendix brake linings contained chrysotile asbestos and sanding dust exposure occurred during 1960s–1970s brake work and remodeling.
- Davis’s brake work involved sanding brake linings with 50% chrysotile asbestos by weight, creating inhalable dust.
- Dust exposure also occurred from joint compound mud used in drywall work, which Davis mixed and sanded, generating asbestos-containing dust.
- Davis was diagnosed with malignant mesothelioma in August 2011 and died in May 2012; Davis, as personal representative, pursued negligence, strict liability, false representation, and failure-to-warn claims.
- Honeywell moved to exclude “every exposure” testimony as speculative; the trial court admitted expert testimony from Dr. Strauchen and Dr. Rom after briefing and depositions; trial included other expert and lay testimony; the jury found most claims for plaintiff and apportioned fault 85% to Honeywell and 15% to others.
- The trial court gave a specific asbestos causation instruction (CACI 435) and rejected Honeywell’s proposed supplemental instruction; Honeywell appeals on admissibility of Strauchen’s testimony and on jury instruction issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Dr. Strauchen’s testimony under Sargon | Davis argues the testimony is valid expert causation. | Honeywell contends it is speculative and unreliable. | Court held no abuse of discretion; testimony admissible. |
| Need for Honeywell’s supplemental causation instruction | No error in jury instruction coverage of causation. | Instruction was necessary to clarify factors. | Court held refusal to give the supplemental instruction was not error. |
Key Cases Cited
- Rutherford v. Owens-Illinois, Inc., 16 Cal.4th 953 (Cal. 1997) (establishes substantial factor causation standard for cumulative asbestos exposure cases)
- Sargon Enterprises, Inc. v. University of Southern California, 55 Cal.4th 747 (Cal. 2012) (gatekeeping; not resolving scientific controversy; admissibility of expert testimony)