Vanhooser v. Superior Court

Opinion

ALDRICH, J.

INTRODUCTION

The first element of a loss of consortium cause of action is the existence of a marriage at the time of injury to the plaintiff’s spouse. With asbestos-related illnesses, as with other latent diseases, appreciable injury does not occur at the time of exposure to the toxic substance, but often decades later when disease is diagnosed or symptoms are discovered. In this opinion, we hold that the first element of a loss of consortium cause of action is satisfied if the plaintiff’s marriage to the injured spouse predates discovery of symptoms, or diagnosis, of an…