Uram

Uram v. Abex Corp.

Good Law
1990 Cal. App. LEXIS 133·217 Cal. App. 3d 1425·266 Cal. Rptr. 695
Court of Appeal of CaliforniaFebruary 15, 1990A042379California4,348 words

Opinion

Opinion

Stein, J.

Joseph Uram and his wife Virginia Uram claim, respectively, personal injuries and loss of consortium arising from Joseph’s asbestos exposure. The trial court granted defendants’ motion for summary judgment on the ground that the action was barred by the applicable statute of limitations, which the court determined was Code of Civil Procedure section 340.2. We affirm the judgment.

Facts

Joseph Uram worked as a machinist at the Mare Island Naval Shipyard in Vallejo, California, from 1940 to 1959. For the last four years of his employment he suffered from shortness of breath and a persistent cough, and he eventually obtained a disability retirement in 1959, primarily for his lung problems as well as for his hearing impairment and dizziness. In a 1958 report, the civil service medical examiner diagnosed plaintiff’s condition as bronchiectasis, deafness and hypertension.

Uram worked part time as a gardener between 1962 and 1965, his only employment following his disability retirement, earning a total of $1,045.25. Thereafter, Uram has remained unemployed.

In April of 1976, Uram underwent lung surgery for suspected mesothelioma and was informed that he had pulmonary…

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