McKinney

Appellants, manufacturers of asbestos products, appeal from an adverse judgment in this wrongful death action. They raise issues recurring in asbestos litigation regarding admissibility of the decedent’s pension and Social Security income under the collateral source rule; foundational evidence for damages for lost household services; prejudgment interest in a wrongful death case; failure to allocate fault to tobacco companies; imposition of costs under Code of Civil Procedure section 998; and inadequate foundation for business records.

We decline California Portland Cement Company’s (CPC) invitation to reconstruct the collateral source rule in a way that would reduce respondents’ damages. In addition, we find that there was sufficient evidence of the nature of the decedent’s household services, together with appropriate reference to a study of household services. It was not error to assess personal injury prejudgment interest in this wrongful death case. Tobacco companies were immune from liability at all relevant times in the case; thus, no allocation of fault was appropriate. In the unpublished portion of the opinion, we determine that the trial court did not abuse its…