Shields v. Hennessy Industries

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Filed 5/3/12 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE LEONARD SHIELDS et al., Plaintiffs and Appellants, A130213 v. (San Francisco City & County Super. Ct. No. CGC-08-274740) HENNESSY INDUSTRIES, INC., Defendant and Respondent. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] [And four other cases.*] THE COURT: It is ordered that the opinion filed herein on April 13, 2012, be modified as follows: The last sentence on page 18, continuing on page 19, should be modified to read: Unlike defendant s cigarette lighter analogy,10 the alleged sole and intended use of the brake arcing machine resulted in the release of contained asbestos particles. * Godbee v. Hennessy Industries, Inc. (No. A130532 [Super. Ct. S.F. City & County, No. CGC-09-275142]); Hetzel v. Hennessy Industries, Inc. (No. A130533 [Super. Ct. S.F. City & County, No. CGC-08-274902]); Kennedy v. Hennessy Industries, Inc. (No. A131064 [Super. Ct. S.F. City & County, No. CGC-09-275392]); Schlimmer v. Hennessy Industries, Inc. (No. A131072 [Super. Ct. S.F. City & County, No. CGC-09275231]). 10 See Garman, supra, 117 Cal.App.3d at page 639. 1 Marchiano, P.J. 2 Trial Court: San Francisco City & County Superior Court Trial Judge: Honorable Harold E. Kahn Attorneys: Brayton Purcell and Richard M. Grant for Plaintiffs and Appellants. Gordon & Rees, Matthew G. Kleiner and Kevin Whelan for Defendant and Respondent. Shields et al. v. Hennessy Industries, A130213, A130532, A130533, A131064 & A131072 3

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