Brumley vs. FDCC Asbestos Case Discussion: Barrington v. A.H. Robins Co. Discussion Conclusion

Read the conclusion of the discussion of the Barrington case. This case is discussed 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.

In addition, it is equally true here that the failure to apply the relation-back doctrine could lead to an absurd result. There is no doubt that plaintiffs could have filed their wrongful death and loss of consortium claims in a separate action; had they followed that course, they would not have faced section 583.310 on these claims until 2010. Instead, they chose the judicially more economical path of filing an amended complaint. Unless we follow Barrington, plaintiffs will be penalized solely for their procedural election. As noted in Barrington, “Any rule that penalizes a plaintiff for the mere form in which the pleadings are cast is inherently unfair and deserves to be discarded.” (Barrington, supra, 39 Cal.3d at p. 157.)

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