Swanson v. The Marley-Wylain Co.Annotate this Case
Plaintiff's claims stemmed from his exposure to asbestos when working with boilers manufactured by Weil-McLain, now a division of MW. The jury concluded that Weil-McLain was negligent and that its negligence was a proximate cause of plaintiff's injuries, entering judgment for plaintiff against MW for $5,489,688.68. The trial court denied post-judgment motions for judgment notwithstanding the verdict and new trial.
The Court of Appeal concluded that the evidence of causation presented at trial would have been sufficient under Michigan law to support the jury's verdict. However, the trial court's instructions to the jury regarding causation reflected California law, not Michigan law. The court concluded that the trial court improperly instructed the jury on Michigan law and that the error was prejudicial. Accordingly, the court reversed and remanded to the trial court for retrial.