Reference no: EM131143569

Fact Summary: Barker was a mechanic who repaired cars and similar vehicles from 1967 to 1995. His work required use of heavy machinery to grind, sand and cut compenents like brake pads and brake shoes. These components contained asbestos, which is proven to cause disease in those who inhale the dust produced by grinding and cutting of these components. The machines Barker used were manufactured by a predecessor of Hennessy Industries. Barker died in 2008 from asbestos related illness. His wife sued Hennesy under strict liability arguing they were liable because they were aware their machinery was used in conjunction with asbestos-containing products but failed to warn users of the dangers. Hennessy argued they could not be liable for injuries caused by another manufacturer's product even if it was foreseeable that its machines would be used to repair products that contained asbestos. The trial court dismissed the suit because Hennessy showed that its machines were stand-alone products that did not contain asbestos or require asbestos to operate.

Synopsis of decisions and opinion: The California Court of Appeals upheld the trial court's decision in favor of Hennessy. The court held that a product manufacturer is liable in struct liability or neglect for harm caused by another manufacturer's product only when its own product contributes to the harm. Because Hennessy's product was not itself defective, Hennessy could not be held liable even when its product was used in conjunction with an independent defective product. Furthermore, strict liability does not require that a manufacturer foresee harm that may occur should its own safe product be used with another's unsafe or defective product.

1) Identify and analyze the relevant legal, social, business, ethical and biblical issues involved.

2) What would have to be proved for a defense of assumption of risk to be effective had this gone to trial