Legal Opinion
Evans v. Celotex Corp.
California Court of Appeal
Decided July 2, 1987No. A033273PublishedCited by 28 opinions
1Opinion of the Court
Opinion
LOW, P. J.
We hold that after a plaintiff has lost a personal injury suit and then dies, the ensuing judgment collaterally estops his heirs from any new lawsuit for wrongful death arising from the same injury.
Plaintiffs, the widow and children of the deceased Stokes Evans, appeal from a judgment of dismissal entered on their wrongful death complaint against Celotex Corporation (Celotex). The complaint alleged that Evans’s death was caused by exposure to asbestos products made or sold by defendant Celotex and others.
In a prior personal injury action, Evans sued Celotex and other…
2Cases cited15 opinions
- Clemmer v. Hartford Insurance Co.California Supreme Court · 1978
- Buckley v. ChadwickCalifornia Supreme Court · 1955
- Sutphin v. SpeikCalifornia Supreme Court · 1940
- Zaragosa v. CravenCalifornia Supreme Court · 1949
- Armstrong v. ArmstrongCalifornia Supreme Court · 1976
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Horwich v. Superior CourtCalifornia Supreme Court · 1999
- Roos v. RedCalifornia Court of Appeal · 2005
- Orange Cnty. Water Dist. v. Alcoa Global Fasteners, Inc., California Court of Appeal, 5th District2017
- Bronco Wine Co. v. Frank A. Logoluso FarmsCalifornia Court of Appeal · 1989
- Union Pacific Railroad v. Santa Fe Pacific Pipelines, Inc.California Court of Appeal · 2014
23 more not listed; retrieve them via the Exa API.