Melendrez

For approximately 24 years, Lario Melendrez worked for defendant and respondent Ameron International Corporation, where he was exposed to asbestos in the manufacture of Ameron’s Bondstrand pipe products. In 2011, he died of asbestos-related mesothelioma. His survivors, plaintiffs and appellants Mary Melendrez, individually and as personal representative of Melendrez’s estate, Mario Melendrez, Phillip Melendrez, David Melendrez, and Veronica Pueyo (collectively plaintiffs), filed a complaint for wrongful death against Ameron, alleging that in addition to his workplace exposure to asbestos, Melendrez was also permitted to take waste or scrap pipe home, where he was exposed to asbestos in using the pipe for home projects. Ameron moved for summary judgment on the ground that plaintiffs’ sole and exclusive remedy against Ameron lies in the California Workers’ Compensation Act. (Lab. Code, § 3600 et seq.) The trial court agreed, and granted summary judgment.

In these consolidated appeals, plaintiffs first challenge the grant of summary judgment, asserting that workers’ compensation does not cover Melendrez’s injury to the extent his exposure to asbestos was from working with…