Kelly v. Georgia-Pacific, LLC

I respectfully dissent. I would reverse the trial court’s order barring the plaintiff from recovering wrongful death damages after almost 40 years of marriage to the decedent. The trial court dismissed the plaintiffs wrongful death claim because she was not married to the decedent when he was exposed to asbestos-containing products in the early 1970⅛. It bears emphasizing, however, that the decedent was not diagnosed with any asbestos-related illness until 2014. In dismissing the plaintiffs claim, the trial court incorrectly applied a common law rule governing loss of consortium claims to a…