Bockrath v. Aldrich Chemical Co., Inc.

980 P.2d 398 (Cal. 1999)

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Nature of the Case

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Facts

P contracted multiple myeloma, a form of cancer while working at Hughes Aircraft Company from January 1973 to March 1994. P is deceased but his suit named at least 55 defendants, including the manufacturers of common products such as WD-40 and rubber cement, and he alleged that the disease arose through his exposure to harmful substances in their products. His second amended complaint, at issue herein, contained causes of action for negligence, strict liability for failure to warn and for design defect, ultrahazardous activity, fraudulent concealment, breach of warranty, and battery. P alleged exposure to various types of chemicals that were used or stored improperly. He alleged that all the chemicals produced carcinogenic effects and that the chemicals had transformed his metabolic processes resulting in the formation of toxic metabolites, free radicals, and residual unmetabolized product, by various complex biological mechanisms . . . . . . . Upon being so metabolized, residual unreacted product, toxic metabolites, free radicals and other chemicals resulting from metabolic processes migrated to the bone marrow, where such products, byproducts, and toxic metabolites caused hemotoxic, hematotoxic, immunotoxic, genotoxic and carcinogenic injuries to the blood and blood-forming organs within P's bones, thereby initiating and/or promoting the development of P's multiple myeloma and other related and consequential injuries, which will be further established and clarified according to proof at the time of trial. The trial court ruled the complaint as broad and very global and told P that he had to be very specific as to each defendant and as to each chemical and causation issue. The trial court eventually rendered judgment for all Ds. The court of appeals affirmed, and the California Supreme Court granted review.