California Court of Appeal

Cadlo v. Metalclad Insulation Corp., A111353, A112002

In case where jury found for plaintiff in his asbestos-related personal injury action against defendants, and plaintiff died two days later, trial court's vacatur of judgment and entry of retroactive judgment to award damages for future economic loss and for pain and suffering is affirmed over claims that: 1) inclusion of such damages is contrary to Code of Civil Procedure section 377.34; 2) expert witness fees and prejudgment interest should not have been awarded; 3) insufficient evidence was presented that plaintiff was exposed to one defendant's asbestos-containing materials; and 4) the court committed instructional error and erred in allocating pretrial settlements to plaintiff wife's loss of consortium claim.

Appellate Information

• Decided 06/11/2007
• Published 06/11/2007

Judges

• SIMONS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Brayton Purcell,Alan R. Brayton, Lloyd F. LeRoy, Novato, and David Collins, for Plaintiff and Respondent., McKenna Long & Aldridge, Lisa L. Oberg, Camille K. Fong, San Francisco, and Mabi H. Ellis, for Defendant and Appellant Metalclad Insulation Corporation., Hassard Bonnington, Philip S. Ward, John P. Katerndahl, San Francisco, and Richard G. Katerndahl, San Rafael, for Defendant and Appellant John Crane Inc.