Legal Opinion
Duty v. Abex Corp.
California Court of Appeal
Decided October 11, 1989No. A039838PublishedCited by 19 opinions
1Opinion of the Court
Opinion
KLINE, P. J.
Introduction
Plaintiff Reola B. Duty appeals the judgment dismissing her lawsuit based upon injury due to exposure to asbestos. The trial court directed verdict in favor of defendants on the ground the statute of limitations had run. Pursuant to Code of Civil Procedure section 340.2 1 the asbestos injury limitations period does not begin to run until “disability.” Plaintiff contends that a retired person such as herself is not precluded from regular employment by her injury and therefore cannot suffer a “disability” within the meaning of the statute of limitations, which…
2Cases cited17 opinions
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Friends of Mammoth v. Board of SupervisorsCalifornia Supreme Court · 1972
- People v. Western Air Lines, Inc.California Supreme Court · 1954
- Tiernan v. Trustees of California State University and CollegesCalifornia Supreme Court · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hamilton v. Asbestos Corp., Ltd.California Supreme Court · 2000
- Asbestos Claims Facility v. Berry & BerryCalifornia Court of Appeal · 1990
- Uram v. Abex Corp.California Court of Appeal · 1990
- Grell v. Laci Le Beau Corp.California Court of Appeal · 1999
- O'NEILL v. TichyCalifornia Court of Appeal · 1993
14 more not listed; retrieve them via the Exa API.