Gailing
Gailing v. Rose, Klein & Marias
Opinion
Opinion
Wallin, J.
Jodi Gailing, administrator for the Estate of Louis Leon Bazurto, appeals the judgment entered against her on a motion for summary judgment, contending: (1) the statute of limitations had not run on her action as a matter of law; and (2) the motion had previously been denied and was improperly renewed. We affirm.
Louis Bazurto retained Rose, Klein & Marias (RKM) to pursue an asbestos exposure personal injury claim, and RKM filed a complaint on November 18, 1986. The firm also filed a workers’ compensation claim on his behalf. Less than a year later, on October 2, 1987, Louis died from asbestosis at the age of 79.
Louis’s daughter, Gloria Green, wrote RKM on October 19, asking why RKM had not filed a motion for preferential trial setting in her father’s case. Apparently a meeting was scheduled to discuss her concerns, although it is not clear whether the meeting took place.
On October 29, RKM filed an application for adjudication of claim (death case) in the workers’ compensation proceeding on behalf of Louis’s widow, Josephine Bazurto. On December 2, RKM filed a wrongful death action on behalf of Josephine and Louis’s children, and that case was later consolidated with…