Vicki Pounders v. Enserch E&C Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[f]or long-latency diseases, the ‘last event’ takes place when the disease is discoverable because, until then, a legally compensable injury does not exist”
• stating the place of the plaintiff’s current domicile was entitled to little weight as he could have relocated to anywhere following his asbestos exposure
• “Determining that the ‘place of injury’ is the place where the last event necessary for liability occurred (that is, the place where the injury manifested), which can only occur in one location, preserves the Restatement goals of certainty, predictability, and uniformity of result.”
• applying New 15 Mexico law, even though injury occurred in Arizona, where the liability-generating 16 conduct took place in New Mexico and “the injury’s occurrence in Arizona is fortuitous”
• Restatement applied in determining choice of law for wrongful death claim
• explaining 28 that Arizona follows the Second Restatement’s choice-of-law approach

Source: CourtListener parenthetical corpus (CC0).