Perspective
Jul. 21, 2010
U.S. Navy's Fault Should Be Considered Despite Immunity
While the U.S. Navy enjoys immunity from suit under the Federal Tort Claims Act, this does not operate as a shield for injuries arising from asbestos exposure, explain Michael Fox and Alison Beanum of Sedgwick.
In an important decision for defendants in multi-party mass tort actions, the California Court of Appeal for the 1st Appellate District recently held in Collins v. Plant Insulation that the Navy's immunity under 28 U.S.C. Section 2671, et seq. (the Federal Tort Claims Act) does not preclude an allocation of fault under Proposition 51 for injuries arising from asbestos exposure. The court firmly rejected pl...
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