Washington Court Affirms Section 343 Instruction Rejection In Asbestos Case

Mealey's ( August 4, 2023, 2:03 PM EDT) -- SEATTLE — Discretion over whether to issue a jury instruction involves a fact-intensive analysis best left to the trial court, and nothing in a trial against a premises owner suggests that an oil company’s invitee enjoyed the type of knowledge about the dangers of asbestos required for an instruction under the restatement of torts, a divided Washington Supreme Court said Aug. 3....