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Keywords

tortplaintiffdefendantappealtrialplea

contractlawsuitplaintiffdefendantappealtrialplea

Related Cases

Bockrath v. Aldrich Chemical Co., Inc., 21 Cal.4th 71, 980 P.2d 398, 86 Cal.Rptr.2d 846, Prod.Liab.Rep. (CCH) P 15,586, 99 Cal. Daily Op. Serv. 6018, 1999 Daily Journal D.A.R. 7742

Facts

The plaintiff, who later died from multiple myeloma, worked at Hughes Aircraft Company from January 1973 to March 1994 and alleged that his cancer was caused by exposure to harmful substances in products manufactured by at least 55 defendants. His second amended complaint included various tort claims, asserting that he inhaled or had skin contact with these products, which he believed contained carcinogenic chemicals. The trial court found the complaint vague and lacking specific allegations regarding causation.

Plaintiff, now deceased, contracted multiple myeloma, a form of cancer, while working at Hughes Aircraft Company from January 1973 to March 1994. His suit named at least 55 defendants, including the manufacturers of common products such as WD–40 and rubber cement, and he alleged that the disease arose through his exposure to harmful substances in their products.

Issue

How must a complaint alleging harmful long-term exposure to multiple toxins plead causation?

Rule

A plaintiff must adequately plead causation by alleging exposure to specific toxic materials, identifying each product that allegedly caused injury, and demonstrating that each toxin was a substantial factor in causing the illness.

In the ordinary personal injury lawsuit, in which the complaint's factual recitations show plainly the connection between cause and effect, it suffices to plead causation succinctly and generally.

Analysis

The court analyzed the plaintiff's allegations and determined that while the complaint was poorly drafted, it attempted to assert that the defendants' products caused his cancer. The court emphasized that the plaintiff needed to specifically allege exposure to each toxic material and how each contributed to his illness, rather than making broad claims about all products used.

Though we regard the complaint as poorly drafted, and it appears to be internally inconsistent in places, we understand plaintiff to be attempting to allege that defendants' products cause cancer, he was exposed to them, and they migrated to his internal organs and caused his multiple myeloma.

Conclusion

The Supreme Court reversed the Court of Appeal's judgment and remanded the case, allowing the plaintiff an opportunity to amend his complaint to properly plead causation.

The judgment of the Court of Appeal is reversed and the cause is remanded to that court with directions to remand the matter to the trial court for further proceedings consistent with this opinion.

Who won?

The plaintiff prevailed in the Supreme Court, as the court ruled that he should be given a chance to amend his complaint to adequately plead causation.

The Supreme Court granted review, superseding the opinion of the Court of Appeal, and held in an opinion by Mosk, Acting C.J., that: (1) plaintiff seeking recovery for harmful long-term exposure to multiple toxins may adequately plead causation by alleging he was exposed to each of the toxic materials claimed to have caused specific illness.

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Keywords

Related Cases

Scheidler v. National Organization for Women, Inc., 537 U.S. 393, 123 S.Ct. 1057, 154 L.Ed.2d 991, 188 A.L.R. Fed. 741, 71 USLW 4116, RICO Bus.Disp.Guide 10,428, 03 Cal. Daily Op. Serv. 1626, 2003 Daily Journal D.A.R. 2088, 16 Fla. L. Weekly Fed. S 93

McReynolds v. Krebs, 290 Ga. 850, 725 S.E.2d 584, 12 FCDR 1093

Duggin v. Adams, 234 Va. 221, 360 S.E.2d 832

Pipher v. Parsell, 930 A.2d 890

Hagenow v. Schmidt, 842 N.W.2d 661