Case Summary

5033 REVIEW DENIED. The immunity granted to the U.S. Navy by federal statutes and decisions is not based on a declaration that it owes no duty or is committing no tort, and so it is proper to instruct a jury to include the Navy in its allocation of fault under Proposition 51 (Civil Code section 1431.2).

COLLINS v PLANT INSULATION C0 (Navy Immunity) 185 CA4 260 REV DENIED [See CivCode § 1431.2; DaFonte v Upright, Inc., 2 C4 593; Richards v Owens-Illinois Inc, 14 C4 985; Taylor v John Crane, Inc., 113 CA4 1063]