Brumley vs. FDCC Asbestos Case Background

Read the background of the case in 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. Exposure to asbestos is known to cause serious diseases such as mesothelioma, asbestos-related lung cancer and asbestosis.

I. BACKGROUND

Brumley filed a complaint for asbestos injury on August 18, 2000. The complaint alleged several causes of action against a wide variety of defendants in an abbreviated form permitted by the court’s general orders governing asbestos litigation. Brumley alleged generally that his “exposure to asbestos and asbestos-containing products caused severe and permanent injury to the plaintiff, including, but not limited to breathing difficulties, asbestosis, and/or other lung damage, and increased risk and fear of developing mesothelioma, lung cancer and various other cancers. Plaintiff was diagnosed with asbestosis and asbestos-related pleural disease on or about March 2000.”

Brumley appeared for a scheduled trial date on June 21, 2004 and was directed to settlement negotiations, rather than sent to trial. Before any further trial date was set, it became known that he had been diagnosed with lung cancer.

Brumley died on October 18, 2004, before his action was brought to trial. On March 2, 2005, Brumley’s wife moved to be appointed successor in interest to pursue Brumley’s surviving claims and to file an amended complaint that joined her own and their children’s claims for wrongful death. The third amended complaint substituted Mrs. Brumley and the three children as plaintiffs, included claims for loss of consortium and wrongful death, and alleged that “Decedent’s exposure to asbestos and asbestos-containing products caused severe and permanent injury to the decedent, including, but not limited to breathing difficulties, asbestosis, lung and/or other cancer, mesothelioma, and/or other lung damage. Decedent was diagnosed with lung cancer on or about June 2004, and with asbestosis and asbestos-related pleural disease on or about March of 2000.” The motion was granted.

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