Calif. Court Reverses Demurrer Entered in Favor of Kmart in Asbestos Case

LOS ANGELES -- A demurrer entered in favor of Kmart in an asbestos case has been reversed after a California appellate court found that there was insufficient evidence to support a finding that a bankruptcy reorganization plan discharged the claims. Flores, et al. v. Kmart Corp., et al., No. B229109 (Calif. 2nd Dist. Ct. App., Div. 5).

In a Jan. 25 opinion, the California 2nd District Court of Appeal cautioned that its finding was "limited," in that, at this stage of the litigation, there was not enough evidence about when the plaintiff discovered he had mesothelioma and whether his identity …