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The Expansion of Product Liability Theory

By Daniel J. Herling

Depending on the source cited, California's expanding economy ranks in size, worldwide, anywhere between six and 10, if California were a country in and of itself. (www.en.wikipedia.org/wiki/economyofCalifornia#endnote_worldranking) California's position as a stand-alone economy may be matched as a stand-alone jurisdiction if recent appellate and trial court decisions permitting the expansion of the product liability theory to claims of environmental damage are upheld.

After a 78-day trial, on June 13, 2006, a San Francisco jury found against chemical manufacturing defendants The Dow Chemical Company and Vulcan Materials, and awarded a verdict of approximately $175 million. The trial judge subsequently reduced the verdict to $13 million but refused to grant a motion for a new trial. City of Modesto v. Vulcan Materials, The Dow Chemical Company Co., et al., City and County of San Francisco, Superior Court action number CGC-98-999345 (complaint filed Nov. 18, 1998).

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