Calif. Court Affirms Summary Judgment Award to Union Carbide on Res Judicata Grounds in Asbestos Case

LOS ANGELES –– A California appellate court has affirmed an award of summary judgment to Union Carbide in a wrongful death asbestos case on res judicata grounds, concluding that the plaintiff could have sought post-death damages in an original action filed by her late husband.

In the July 11 opinion, the California Court of Appeal, Second District, stated that the plaintiff “may not split her cause of action for loss of consortium, regardless of whether she or other heirs may have other valid claims under the wrongful death statute.”

The plaintiff initially asserted the claims on behalf of Larry Stewart, …