Johnson v. CertainTeed
Following a diagnosis of mesothelioma, a form of lung cancer, Charles J. Johnson filed a complaint against CertainTeed Corporation (CertainTeed) and other defendants for, among other claims, negligence and strict liability for product defect. With regard to CertainTeed, Johnson asserted that in the early 1960s he was a longshoreman at San Francisco piers and was injured while unpacking sacks of asbestos purchased by CertainTeed from an overseas company. The sacks of asbestos fiber were shipped F.O.B.[1] at the South African port and CertainTeed was to pay for the freight and insurance on the shipments of asbestos from South Africa.
CertainTeed moved for summary judgment against Johnsons pleading, and the trial court granted the motion. The lower courts order included a finding that Johnson presented no evidence that CertainTeed controlled or participated in any decision about the shipping and packaging of the asbestos and therefore he had no claim in tort against CertainTeed. Johnson appeals and contends that CertainTeed purchased the asbestos and was the owner of it when it was placed into the stream of commerce and, since the product had inadequate packages and warnings, CertainTeed is liable to him in negligence and under the doctrine of strict liability for product defect. Court are not persuaded by his arguments and affirm the judgment.
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