Tulare Sag, Inc. v. Keller, Fishback & Jackson CA5

BACKGROUND

In November 2007, Joann Hardeman, individually and as successor-in-interest to the Estate of Leonard Lee Hardeman, filed a wrongful death action against numerous

All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

2. entities alleging that between 1954 and 1997, Leonard Hardeman was improperly exposed to asbestos and that this exposure led to his death. Keller Fishback did not prepare this complaint. Rather, Keller Fishback substituted into the action as attorney of record in April 2008. The complaint named “Lampe Chrysler-Dodge fka Brian Ross Chrysler-Dodge” as one of the defendants in 15 separate causes of action. These causes of action included damage claims for direct sales, negligence, strict liability, failure to warn, breach of warranties, fraud, civil conspiracy, enterprise liability, loss of consortium and wrongful death. The alleged liability was based on Leonard Hardeman having purchased automotive parts from Brian Ross Dodge-Chrysler in the 1990‟s. However, in 2000, Brian Ross Dodge-Chrysler was sold to Don Groppetti and became Tulare Chrysler Dodge Jeep. Then, in 2005, through an “Agreement for the…