Hubbard v. California Water Service Co. CA1/3
Plaintiffs Shirly Hubbard, Thomas Hubbard, Jr. and Ann Hensley, heirs of decedent Thomas Hubbard, appeal a judgment entered in favor of defendants California Water Service Company (Cal Water) and San Jose Water Company (San Jose Water) (collectively water companies) on plaintiffs’ complaint for wrongful death. Plaintiffs contend the court erred in instructing the jury on their claim that the water companies negligently failed to warn decedent’s employers, independent contractors E.T. Haas and Fairly Constructors (collectively Fairly), about the health risk posed by using a power saw to cut asbestos cement pipes (pipes). Plaintiffs argue further that there is no substantial evidence to support the jury’s finding that Fairly reasonably could have been expected to know that cutting the pipes posed a health hazard at or before the time the water companies knew of the risk.
Comments on Hubbard v. California Water Service Co. CA1/3