Garlock Sealing Technologies, LLC v. Little, 270 Va. 381

Summary

The Supreme Court of Virginia held that federal maritime tort principles governed an asbestos-exposure claim arising from work performed on submarines in navigable waters. The court affirmed the judgment against Garlock Sealing Technologies, concluding that Garlock could not challenge the apportionment method it had requested and used at trial. The court also noted that maritime joint and several liability may require a defendant to pay amounts attributable to insolvent entities.

Holdings

1. Federal maritime tort principles govern a tort claim arising from asbestos exposure during construction and repair work on submarines located in navigable waters when the conduct satisfies the locality and maritime-nexus tests.
2. A litigant may not invite the trial court to apportion liability among nonparty entities and then obtain appellate relief by challenging the resulting method of apportionment.
3. The court will not consider a legal argument concerning duties to warn about products manufactured by others when the assignment of error challenges only the admission of evidence.

Questions Presented

1. Whether federal maritime tort principles governed Little's asbestos-related cause of action arising from work performed on submarines located in navigable waters.
2. Whether Garlock's argument that it had no duty to warn about products manufactured by other entities was properly before the court under the assignment of error presented.
3. Whether Garlock could challenge the method of apportionment and resulting liability after inducing the trial court to apportion fault among nonparty entities.

Disposition

affirmed