Brumley vs. FDCC Asbestos Case Discussion: Disposition of the Matter

Read the disposition 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.

III. DISPOSITION
The trial court’s judgment is reversed in part. Although Brumley’s original claims, now asserted as survivorship claims, are concededly barred by section 583.310, plaintiffs’ wrongful death claims and Mrs. Brumley’s loss of consortium claim are not barred. The matter is remanded for further proceedings consistent with this decision.

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