Barr v. ACandS, Inc.

Introduction

Appellants in these three consolidated cases appeal judgments entered in favor of respondents. Relying principally on Darden v. General Motors Corp. (1995) 40 Cal.App.4th 349 [ 47 Cal.Rptr.2d 580 ] (Darden), the trial courts determined as matters of law that appellants’ claims arising out of occupational exposure to asbestos were barred by the statute of limitations set forth in Code of Civil Procedure section 340.2 as a result of the filing of prior suits involving the same exposure. Appellants contend Darden was wrongly decided or is inapplicable to their respective cases. For the reasons stated in this opinion, we affirm all three judgments.

Procedural and Factual Background

Because these appeals concern three separate cases, the facts of each deemed pertinent to our determination are set out individually below.

Barr v. ACandS, Inc.

Appellant Elbert L. Barr worked as a hod carrier for 20 years at various industrial sites throughout the Bay Area. While so employed, he worked with and around asbestos-containing materials.

On January 16,1986, Barr filed an action for personal injuries in Alameda County Superior Court against numerous defendants…