Filed 8/1/05 IN THE SUPREME COURT OF CALIFORNIA DAVID JAY FITCH, a Minor, etc. , et al. , Plaintiffs and Respondents, v. SELECT PRODUCTS COMPANY, San Bernardino County Defendant; STATE DEPARTMENT OF HEALTH SERVICES, Claimant and Appellant. The answer is "no. " I Elan Jay Fitch (Fitch or decedent) contracted cancer while working for the Southland Corporation (Southland) as a diesel mechanic. In September 1993, Fitch died of the cancer, survived by his wife, Dianne, and three minor children. The complaint named Select Products Company (Select) as one of the defendants, alleging that Fitch's illness and death was caused by a coating product manufactured by Select that Fitch had used in his work. Plaintiffs' wrongful death action proceeded to trial against Select alone (other defendants had either settled or been dismissed).

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