Barker

Larry Barker appeals the dismissal of his wrongful death suit against Brown & Williamson Tobacco Corporation (Brown) for the 1962 death of his father following the sustaining of a demurrer on the ground Barker’s claim was barred by the statute of limitations. On appeal, Barker contends the Legislature’s 1997 amendments to Civil Code section 1714.45 abrogated the statute of limitations for tobacco-related wrongful death suits or, alternatively, revived his lawsuit. Barker also contends Brown’s concealment of facts extended the limitations period. We affirm.

Discussion

I

The Amendments to Section 1714.45 Did Not Abrogate or Extend the Limitations Period

Prior to the 1997 amendments, section 1714.45 provided that a manufacturer or seller was not liable in a products liability action if: (1) “[t]he product is inherently unsafe and the product is known to be unsafe by the ordinary consumer”; and (2) “[t]he product is a common consumer product intended for personal consumption, such as sugar, castor oil, alcohol, tobacco, and butter.” (Stats. 1987, ch. 1498, § 3, pp. 5778-5779, italics added.) In the 1997 amendments to section 1714.45, the Legislature eliminated tobacco…