> >
Case Name | Ashdown vs. Ameron Int'l Corp. | |
---|---|---|
Date | 08/17/2000 | |
Note | Dual Capacity and Fraudulent Concealment doctrines narrowly construed v. exclusive remedy. | |
Citation | 83 Cal.App.4th 868, 65 CCC 1026 | |
WCC Citation | WCC 24172000 CA |
ELLEN ASHDOWN, Individually and as Executor, etc. , et al. , Plaintiffs and Appellants, v. AMERON INTERNATIONAL CORPORATION, Defendant and Respondent. This action was brought against respondent Ameron International Corporation (Ameron) by his estate, by and through the decedent's surviving spouse and executor Ellen Ashdown (Ashdown) and his children Kristy Smith and Ian Smith, alleging wrongful death and survival rights of action for negligence, strict liability and loss of consortium caused by his exposure to asbestos during his employment as a pipe inspector for respondent's predecessor company. On April 9, 1997, appellants filed a motion for leave to file a first amended complaint naming Ameron as a defendant, alleging they had failed to name Ameron as a defendant initially because they had only 'recently learned of facts indicating liability of Ameron . Respondent subsequently moved for summary judgment on these grounds, and noticed a hearing to be held on Friday, July 3, 1998. We conclude on the basis of the undisputed evidence that the trial court's grant of summary judgment was correct, and therefore affirm.
Download full case here.
Download full case here.