In a recent court filing, Nathan K. Williams filed a complaint against J-M Manufacturing Company, Inc., alleging personal injury due to secondary asbestos exposure. The case was filed in the Alameda County Superior Court on May 22, 2024.
The lawsuit stems from Cornelius Williams, who died from mesothelioma during the pendency of this appeal. Cornelius claimed that his illness resulted from secondary exposure to asbestos through his brother Nathan's work with asbestos-cement pipes over more than 20 years. Although Cornelius and Nathan did not live together, they had regular close contact during Nathan’s employment at East Bay Municipal Utilities District (EBMUD) and Daly City. Cornelius sued J-M Manufacturing Company, Inc. (J-MM), among others, as a supplier of asbestos-cement pipes to Nathan’s workplaces.
Cornelius’s strict liability cause of action, based on theories of design defect and failure to warn, went to verdict. The jury found J-MM liable under both theories, concluding that Cornelius had proven he was exposed to asbestos and that the pipe sold by J-MM was a substantial factor in increasing his risk of developing cancer. The jury awarded Cornelius $556,700 in economic damages and $2.14 million in non-economic damages.
J-MM raised three arguments on appeal: First, it argued that strict liability should not apply to Cornelius as he was not a household member under the precedent set by Kesner v. Superior Court (2016). Second, J-MM contended there was no substantial evidence linking Cornelius’s exposure specifically to their products rather than another supplier's. Third, J-MM claimed entitlement to a new trial due to alleged evidentiary errors made by the trial court.
The court dismissed these arguments and affirmed the judgment against J-MM. It concluded that Kesner’s limitation on duty for negligence claims does not extend to strict liability claims against suppliers or sellers of asbestos products. Furthermore, the court found substantial evidence supporting the jury's conclusion that Nathan worked with asbestos-cement pipes supplied by J-MM during his employment at EBMUD and Daly City.
The plaintiffs sought relief in the form of economic and non-economic damages totaling nearly $2.7 million and succeeded in holding J-MM accountable for half of these damages based on apportioned responsibility among multiple defendants.
Representing the plaintiff were attorneys David L. Amell and Marissa Y. Uchimura from Maune Raichle Hartley French & Mudd; while Kent L. Richland from Greines Martin Stein & Richland represented J-MM along with other law firms including Manning Gross + Massenburg and Miller Barondess.
Judge Frank Roesch presided over this case in Alameda County Superior Court under Case ID A162561 and A163492.