The BNSF, Asbestos & Mesothelioma case documents what many asbestos exposure victims (e.g., railroad workers, plant workers, printing press operators etc.) and others may face today – past potential direct and secondary exposure to asbestos and mesothelioma.
The court ruled: We deny the request for judicial notice, conclude that general jurisdiction is lacking here, and grant the petition for writ of mandate.
A brief summary of the case includes:
- Real parties filed a wrongful death action against petitioner’s predecessor in interest and numerous other defendants in Los Angeles County Superior Court. (Kralovetz v. Aerojet Rocketdyne, Inc. (Super. Ct. L.A. County, July 17, 2014, No. BC552015).)
- Real parties allege that decedent Peter J. Kralovetz developed and died from malignant pleural mesothelioma as a result of exposure to defendants'”asbestos, asbestos-containing products and/or products designed to be used in association with asbestos products.”
- The exposure attributed to petitioner allegedly occurred in Wichita, Kansas, where decedent once worked at a dismantling facility and roundhouse owned by petitioner’s predecessor.
- Petitioner moved to quash service of the summons for lack of personal jurisdiction. (See Code Civ. Proc., § 418.10, subd. (a)(1).)
- Petitioner argued the trial court lacked specific personal jurisdiction over it because conduct alleged against it did not arise from petitioner’s in-state activities. Petitioner also argued the trial court lacked general personal jurisdiction because it is a Delaware corporation with its principal place of business in Texas and accordingly is not “essentially at home” in California.
To find out more on the case, see Case No. B260798 – March 27, 2015.
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