Collins v. Plant Insulation

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Filed 7/2/10 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE CLORISTEEN COLLINS, et al., Plaintiffs and Respondents, A124268 v. PLANT INSULATION COMPANY, Defendant and Appellant. (Alameda County Super. Ct. No. RG04143303) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] It is ordered that the opinion filed herein on June 3, 2010, be modified as follows: 1. On page 1, the last sentence of the second full paragraph should be modified to read as follows: Throughout his career, Collins worked extensively with asbestos and asbestoscontaining products, including those distributed and installed by defendant Plant Insulation Company (Plant). 2. On page 17, the first sentence of the Disposition should be modified to read as follows: The judgment is reversed and the case remanded for a retrial limited to apportionment of fault. The entities on the list among which the jury on retrial can apportion fault shall include the Navy and the entitites to which some percentage of fault was assigned by the jury in the first trial. There is no change in the judgment. Respondents petition for rehearing is denied.

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