On June 3, the California 1st District Court of Appeals ruled that the United States Navy could be allocated a share of “fault” when apportioning fault between defendants in a mesothelioma lawsuit.

The case, Collins v. Plant Insulation Co. [PDF], was filed by family members of former Navy shipyard asbestos worker Ulysses Collins, who died in May 2005 from mesothelioma caused by asbestos exposure.

Over a period of nearly 35 years, Collins was employed at several jobs that required him to work extensively with asbestos. These included four years as a boilermaker welder at a Standard Oil refinery and more than 30 years at the Hunters Point Naval Shipyard and Mare Island Naval Shipyard, where he also worked as a welder.

According to the appeals court ruling:

At the close of evidence, plaintiffs moved for a directed verdict regarding the Navy, arguing fault could not be allocated to the service…. They claimed federal sovereign immunity precluded the Navy from being a ‘tortfeasor.’

Although the appellate court stated that “there is no dispute the Navy is immune from liability for plaintiffs’ asbestos claims,” it ruled that “the trial court erred in excluding the Navy from the list of entities as to which the jury could apportion fault.” The court remanded Collins’ lawsuit for a retrial to apportion fault among the Navy and other defendants already found liable by the jury.

While this ruling may at first seem like a victory for plaintiffs, because the U.S. Navy is entitled to sovereign immunity from prosecution, it cannot be held liable for damages, even if it is found to be portionately at fault for Collins’ injuries. Thus, the appellate court’s ruling—like the Texas Supreme Court’s 2007 ruling in Borg-Warner v. Flores [PDF]—ultimately will limit the ability of victims of mesothelioma and other asbestos diseases from receiving full and fair compensation for their injuries.