In a pair of decisions that will deny plaintiffs' attorneys a new line of attack in asbestos litigation, the Washington State Supreme Court ruled that makers of nonhazardous component parts, such as pipes or valves, have no duty to warn ultimate users about asbestos products made by others and attached to the components post-sale.
In two separate cases, the court said the defendants couldn't be held liable because they didn't make, sell, or distribute the asbestos -- only the products it was applied to, according to the Seattle Post-Intelligencer.
"Component part makers are being targeted simply because they happen to be solvent and subject to suit," said Mark Behrens, a partner at Shook, Hardy & Bacon L.L.P., Washington, D.C., according to National Underwriter. He submitted his briefs in the cases on behalf of industry trade groups that included the National Association of Mutual Insurance Companies, the Property Casualty Insurers Association of America, and the American Insurance Association.
"The Washington Supreme Court cases are significant because they are the first state Supreme Court cases to address this proposed new duty to warn," Behrens said.
The cases are Simonetta v. Viad Corp., and Braaten v. Saberhagen Holdings.