Oddone

James Oddone worked for real party in interest Technicolor, Inc. (Technicolor), from 1973 until 2006; he died from a brain tumor (glioblastoma multiforme) in January 2007. His widow, petitioner Geraldine Oddone (hereafter petitioner), filed an action against Technicolor in 2008, in substance on the theory that her husband’s brain tumor was caused by exposure to toxic chemicals while her husband was working for Technicolor.

Petitioner alleged three causes of action against Technicolor. Only the third cause of action is at issue in these proceedings. This cause of action is asserted by petitioner solely on her own behalf on the theory that her husband brought home toxic vapors and chemicals on his clothing and person and that petitioner was injured by exposure to these materials; this cause of action is predicated on Technicolor’s alleged negligence in exposing petitioner’s husband to toxic chemicals.

The trial court sustained Technicolor’s demurrer to the third cause of action without leave to amend on the ground that Technicolor did not owe a duty of due care to petitioner. We issued an order to show cause, received further briefing and heard oral argument. We conclude…