Ashdown

Ashdown v. AMERON INTERNATIONAL CORP.

Good Law
100 Cal. Rptr. 2d 20·2000 Cal. App. LEXIS 727·2000 Daily Journal DAR 10293·83 Cal. App. 4th 868·65 Cal. Comp. Cases 1026
Court of Appeal of CaliforniaAugust 17, 2000A084561California4,913 words

Opinion

Opinion

McGUINESS, J.

Appellants' decedent, Gary Smith, expired in April 1994, shortly after he was diagnosed with a terminal asbestos-related disease. This action was brought against respondent Ameron International Corporation (Ameron) by his estate, by and through the decedent’s surviving spouse and executor Ellen Ashdown (Ashdown) and his children Kristy Smith and Ian Smith, alleging wrongful death and survival rights of action for negligence, strict liability and loss of consortium caused by his exposure to asbestos during his employment as a pipe inspector for respondent’s predecessor company. The trial court granted summary judgment in favor of Ameron, finding that appellants’ action was barred by the Workers’ Compensation Act, none of the exceptions to the exclusivity of the workers’ compensation remedy applied to the facts of this case, and Ameron was entitled to judgment as a matter of law. We affirm.

Factual and Procedural Background

Gary Smith was employed as a pipe inspector by respondent Ameron’s predecessors in interest, Amercoat, Inc. (Amercoat) and American Pipe and Construction Co. (American Pipe) in Brea, California, from 1964 through 1966. Appellant’s evidence indicates…

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