The Ninth Circuit affirmed the granting of summary judgment to two defendants – Lockheed and UTC, as successor-in-interest to Pratt & Whitney. Summary judgment was affirmed as to Lockheed based on the government contractor defense. Lockheed introduced two affidavits establishing that the Untied States approved specifications requiring the use of asbestos in government aircraft. This equipment conformed to the government’s specifications because Lockheed complied with all its directives for constructing this aircraft, including the use of specific warnings. Further, the United States knew about asbestos hazards well before the plaintiff encountered it, thus there were no dangers known to Lockheed but not the United States. The only evidence offered by the plaintiff to rebut was excluded by the district court for lack of foundation, which the plaintiff did not challenge on appeal.
Summary judgment was affirmed as to UTC because the plaintiff did not present a prima facie case of asbestos exposure.