BRUMLEY vs. FDCC CALIFORNIA, Inc.
Case Discussion: Brumley’s Asbestos Exposure

Read the discussion on Brumley’s exposure to asbestos from the appellate decision in Brumley, et. al vs. FDCC California, Inc. In this decedent asbestos cancer case, the plaintiffs appeal the lower court’s decision on the wrongful death claim filed on behalf of the widow and children and the widow’s loss of consortium.

We also note that defendants have not demonstrated any prejudice that would accrue to them if the wrongful death claims are preserved. These claims did not arise until Brumley’s death in 2004. As noted above, if a separate lawsuit had been filed, the five years would not have run until 2010. Further, defendants have been able to conduct discovery since 2000 on the nature of Brumley’s asbestos exposure and his injuries.

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