Nolen v. Foster Wheeler Energy
Foster Wheeler Energy Corp. (Foster Wheeler) appeals from a judgment entered after a jury trial on John M. Nolen (John) and Sarah Nolen’s (Sarah) (collectively the Nolens) claims of strict liability and negligence arising from John’s exposure to asbestos during his work as a seller of water treatment chemicals for his employer Nalco Chemical Company (Nalco), from 1976 through 1979. The jury found Foster Wheeler liable to the Nolens and awarded them economic and noneconomic damages of over $8 million.
We find that under the recent decision of the California Supreme Court in O’Neil v. Crane Co. (2012) 53 Cal.4th 335 (O’Neil), Foster Wheeler is not liable for injuries arising from asbestos-laden products to which John was exposed. Therefore we reverse.
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