California Court of Appeal

In a case in which the petitioner's husband had been exposed to the defendant's asbestos-containing products as late as 1990, married the petitioner in 1992, first exhibited symptoms of mesothelioma in late 2010, and was diagnosed with the disease in June 2011, a petition is granted directing the trial court to vacate its order granting the motion of the defendant for summary judgment on the petitioner's loss of consortium cause of action, where: 1) for purposes of creation of a loss of consortium cause of action, injury to the spouse in the latent disease context occurs when the illness or its symptoms are discovered or diagnosed, not at the time of the tortious act causing the harm; and 2) Zwicker v. Altamont Emergency Room Physicians Medical Group (2002) 98 Cal.App.4th 26, was distinguishable and did not govern.

Appellate Information

• Decided 06/01/2012
• Published 06/01/2012

Judges

• Aldrich

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Lanier Law Firm, Gordon & Rees