Brumley vs. FDCC Asbestos Case Discussion

Read the discussion of 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.

Plaintiffs concede that the survivorship claims are barred by the five-year rule, but they argue that the wrongful death causes of action should not have been dismissed because those causes of action do not relate back to Brumley’s original personal injury claims. Because this particular question requires the application of a legal doctrine to undisputed facts, rather than an exercise of discretionary judgment by the trial court, we review the trial court’s decision de novo. (E.g., Tamburina v. Combined Ins. Co. of America (2007) 147 Cal.App.4th 323, 328.)

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