California Court of Appeal

Dismissal of a wrongful death action based on premises liability brought by the survivors of a woman who died of mesothelioma as a result of exposure to asbestos from her husband's work clothes is affirmed, where: 1) the holding of Campbell v. Ford Motor Co. (2012) 206 Cal.App.4th 15 that a premises owner has no duty to protect family members of workers on its premises from secondary exposure to asbestos used during the course of the property owner's business, is consistent with the majority view in the nation on the issue, and correctly applies California law; 2) Kesner v. Superior Court (May 15, 2014, No. A136378) __ Cal.App.4th __, which held that a plaintiff can state a cause of action for secondary exposure to asbestos in the context of an action for products liability, is distinguishable because it involved a cause of action for products liability, not premises liability, as in Campbell and the instant case; and here, 3) the trial court acted within its discretion in sustaining the demurrer without leave to amend, because absent a duty of care, there is no reasonable possibility that the defect can be cured by amendment.

Appellate Information

• Decided 06/03/2014
• Published 06/03/2014

Judges

Court

• California Court of Appeal

Counsel