Kellogg

Plaintiffs Harry and Ida May Kellogg, husband and wife, filed this asbestos-related personal injury action against several named defendants on September 24, 1987. Harry Kellogg (Kellogg) claimed that he had contracted pleural mesothelioma, a fatal lung disease, following continuous exposure to asbestos and asbestos-related products, including asbestos fibers produced, sold and shipped to Kellogg’s employer by appellant Asbestos Corporation Limited (ACL), a Canadian corporation. Ida May Kellogg’s claim was based on loss of consortium. At trial, ACL was the only defendant still in the action.

Following a court trial, ACL appealed from the judgment entered against it and in favor of the Kelloggs. Although ACL contested its liability at trial, it now raises several issues relating to damages and costs: (1) since Kellogg died after submission of the case but before final judgment, whether the award may include damages for his pain and suffering; (2) whether Proposition 51 (Civ. Code, § 1431.2) applies to this case; (3) whether Kellogg’s offer of compromise was sufficient to allow recovery of added costs; and (4) whether the trial court’s statement of reasons was sufficient to…