Calif. Court Reinstates Wrongful Death, Loss of Consortium Claims

SAN FRANCISCO -- A California appellate court has reinstated the wrongful death and loss of consortium claims of an asbestos plaintiff, finding that the trial court erred when ruling that the claims related back to the original complaint and were therefore in violation of the state's time limitation on bringing cases to trial. Brumley, et al. v. FDCC California Inc., et al., No. A114840 (Calif. Ct. App., 1st Dist., Div. 1).

In the Oct. 22 decision, the First Appellate District of the California Court of Appeals did uphold a trial court's decision to dismiss the original complaint for failure to …