SAN FRANCISCO –– The First District Appellate Court modified an opinion in an asbestos exposure case.
Judge Jon Streeter ordered the modification on Sep. 24.
In the first paragraph of the opinion part of the ruling, the following sentence was added: "We hold further that a settlement offer under Code of Civil Procedure section 998 in a case in which plaintiffs assert both wrongful death and survival causes of action must be apportioned among such distinct claims."
The changes did not alter the judgment.
The family of Glenn Williams filed a lawsuit against Pep Boys in 2011 after he died of mesothelioma the year before. The family alleged the company's brake systems contained asbestos for many years, which led to Williams' death.
The lower court granted Pep Boys' motion for judgment on the plaintiffs' wrongful death claim, ruling the claim was barred by the statute of limitations. After a bench trial, the plaintiffs were awarded $213,052 in damages, although that amount was offset by settlements entered into before trial with other parties.
The appellate court reversed the bench trial decision.
California First District Court of Appeal Case number A146060