Garza
Garza v. Asbestos Corp., Ltd.
Opinion
Opinion
Horner, J.
In this consolidated appeal, defendant Asbestos Corporation, Limited (ACL), appeals a jury verdict in favor of plaintiffs Joseph and Mary Garza on their complaint for damages for personal injury and loss of consortium filed after Joseph contracted asbestosis. We affirm.
Procedural Background
On January 26, 2005, plaintiffs filed their complaint for personal injury and loss of consortium alleging that Joseph’s exposure to asbestos and asbestos-containing products caused him severe and permanent lung damage, as well as increased risk and fear of developing mesothelioma and lung cancer. According to the complaint, Joseph was diagnosed with asbestosis and asbestos-related pleural disease in May 2004. The complaint included causes of action for negligence and strict liability.
ACL filed an answer to the complaint on February 22, 2006, including notice of its request for trial by jury pursuant to Code of Civil Procedure section 631. ACL denied the allegations of the complaint and listed various “affirmative defenses,” including one stating that “because all sales by this answering defendant were F.O.B. Quebec, Canada, this Court lacks personal jurisdiction over this…