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Many older California appellate decisions
involve disputes concerning asbestos mining claims. Schmidt v. Miller, et al (1921) 52 Cal. App.
496 (debts from California asbestos mining claims were litigated); Stark v. Hoeft (1928) 205 Cal. 102, 104 (an asbestos
mining claims dispute named the mines involved - “[The Nevada County mines] bear the following names: Quartz and Asbestos,
January Quartz, The Cotton King Asbestos Quartz, Asbestos Quartz, and Lent Asbestos and Gold mining claims”); Russell
v. Johns Manville Co. (1971) 20 Cal.App.3d 405 (litigation involving portions of the New Idria asbestos deposit, near
Coalinga, California); Stewart v. Union Carbide Corporation (Nov. 16, 2010, 2nd App. Dist., Div. 5) 2010 Cal. App.
LEXIS 1944 (“Plaintiffs presented evidence that USG and Hamilton Materials obtained asbestos from Union Carbide, which
mined chrysotile asbestos in Coalinga, California and sold that asbestos under the brand name Calidria”).
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Asbestos fiber comes from crushing asbestos rock, then extracting
and compacting the raw asbestos fiber into bags. Arena v Owens Corning Corp. (1998) 63 Cal. App.
4th 1178, 1187, fn 5 (describing this mining and milling process and holding that raw asbestos fiber is a “product”
within the meaning of strict products liability tort law).
The
name “asbestos” derives from the Greek word (σβεστος) meaning “inextinguishable,”
and this name reflects one of its principal characteristics: fire resistance. Mullen v. Armstrong World
Industries, Inc. (1988) 200 Cal. App. 3d 250, 255.
Geologists
divide asbestos mineral fibers into two groups or mineralogic families: serpentines and amphiboles. Virta, Robert L., “Asbestos:
Geology, Mineralogy, Mining and Uses,” (U.S. Dept. of the Interior, U.S. Geological Survey, Open File Report, 02-149). The serpentine group
contains a single asbestos variety: chrysotile asbestos. The amphibole group contains the five remaining
asbestos varieties: amosite asbestos (grunerite), crocidolite asbestos (riebeckite), tremolite asbestos, anthophyllite asbestos
and actinolite asbestos. Id.
California law specifically defines “asbestos” to include these six
varieties, and describes them as “naturally occurring fibrous hydrated mineral silicates: (1) chrysotile, (2) crocidolite,
(3) amosite, (4) fibrous tremolite, (5) fibrous anthophyllite, and (6) fibrous actinolite.” California
Health & Safety Code, Sec. 25925(a); accord, 29 Code of Federal Regulations 1910.1001(b) (1) Chrysotile, known
for its silky white color, its durability, and its flexibility, is the most widely used asbestos fiber. Manufacturers have
used it in the production of asbestos textiles, cement products, friction materials, insulation, and paper products.
See, e.g., Mullen v. Armstrong World Industries, Inc. (1988) 200 Cal. App. 3d 250, fn 7. (2) Crocidolite, a harsher,
blue fiber, is used in pipes, cement products, textiles, and felts for plastics. Crocidolite is especially
resistant to acids and alkalides. Id. (3) Amosite is a harsh, brown fiber. It is extremely heat resistant,
and manufacturers use it in cement, pipes, refractory tiles, and plastic reinforcement. Id. (4) Anthophyllite is
used in cement production and the chemical industry. Id. (5) Tremolite is used for talc filters and in the
chemical industry. Id. (6) Actinolite usually is not used commercially. Id.
All six of the asbestos varieties share several physical properties:
(1) they occur as bundles of mineral fibers that can be easily separated from the host matrix or cleaved into thinner fibers;
(2) the fibers exhibit high tensile strengths; (3) these mineral fibers show high length-to-diameter (aspect) ratios, sometimes
up to 1:1000; (4) these fibers are sufficiently flexible to be spun into asbestos yarn and woven into cloth; and (5) macroscopically,
asbestos fibers resemble organic fibers such as cellulose. Virta, Robert L., “Asbestos: Geology, Mineralogy, Mining
and Uses,” (U.S. Dept. of the Interior, U.S. Geological Survey, Open File Report, 02-149).
Since all six asbestos varieties are silicates, they exhibit several other
common physical properties, such as incombustibility, thermal stability, resistance to many chemicals, and low electrical
conductivity. (Id.)
In Saller
v. Crown Cork & Seal Co., Inc. (2010) 187 Cal.App.4th 1220, the court summarized the evidence concerning the physical
and toxicological properties of asbestos at page 1228, as follows:
Susan Raterman, a certified industrial hygienist, [fn 5 - An industrial hygienist is skilled in the art and
science of recognizing, anticipating, evaluating and controlling health hazards in the workplace] testified that asbestos
fibers are small and invisible when airborne. It is difficult to ascertain the level of asbestos in the air and scientists
rely on the asbestos content of materials to determine airborne content. A person can be exposed to asbestos without knowing
it because the fibers are so small. According to Raterman, asbestos is a toxin and a carcinogen, and in an industrial setting,
there is no safe dose of asbestos. Products that incorporate asbestos release asbestos into the air if they are handled in
a manner that disturbs them because this causes the asbestos to become airborne.
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