Hughes

Appellant Janice C. Hughes, the surviving spouse of an asbestosis victim, filed a wrongful death action against several defendants, including respondent Western MacArthur Company. Following dismissal of the action against Western MacArthur, Hughes appeals, contending that the trial court (1) erred by requiring that she specifically plead that Western MacArthur was the successor in interest to Western Asbestos Company; (2) erred by requiring her to plead that the dual capacity doctrine applies; and (3) abused its discretion when denying her motion to amend her complaint to specifically plead these facts. We reverse the judgment.

I. Facts

From 1944 to 1977, the husband of appellant Janice C. Hughes was employed as an asbestos worker; from 1944 until 1967, he worked for *954 Western Asbestos Company. 1 Late in . 1977, he became unable to work as a result of asbestosis and malignant mesothelioma; the following year, he died from it. By that time, Western Asbestos Company had gone out of business.

In December 1978, Hughes filed a wrongful death action against several defendants, including Western Asbestos Company and respondent Western MacArthur Company. The complaint did…