Green

Green v. Travelers Indemnity Co.

Good Law
185 Cal. App. 3d 544·1986 Cal. App. LEXIS 2020·230 Cal. Rptr. 13
Court of Appeal of CaliforniaSeptember 16, 1986Docket Nos. A024035, A023986California5,275 words

Opinion

Opinion

Anderson, J.

Plaintiffs Jennie Green and Thomas J. Flavetta (appellants) appeal from a judgment of dismissal entered after demurrers to the first amended complaint were sustained without leave to amend, and from a subsequent order staying all proceedings in the above entitled matter.

This dispute is but another chapter in the asbestos litigation that arose between Johns-Manville Products Corporation, Pittsburg, California (hereafter Manville) and some 17,000 individual plaintiffs claiming asbestos-related personal injuries which are being litigated in approximately 12,000 pending lawsuits. The relevant facts leading to the present appeal may be summarized as follows:

The original action in this case was commenced by appellants against Manville in 1981. Appellant Green, the surviving widow of James Green, brought a wrongful death action against the company, charging that her husband died from the effects of asbestos-related disease he contracted while working at Manville’s Pittsburg plant from 1948 to 1981 (Jennie Green et al. v. Manville Corporation, action No. 233426). Appellant Flavetta, an ex-employee of Manville, brought the action on his own behalf alleging that he was…

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