Leonard

*1278 Opinion

Our law recognizes that when a spouse suffers a personal injury, the marital partner may likewise suffer injury as a consequence. In this case, appellant Sandra Leonard’s husband, John Leonard, was diagnosed with mesothelioma, a progressive and fatal disease related to asbestos exposure. Sandra and John 1 were married at the time of his diagnosis, but not at the time of his exposure to asbestos-containing materials, many years earlier. In reliance on a decision of the Third District Court of Appeal in Zwicker v. Altamont Emergency Room Physicians Medical Group (2002) 98 Cal.App.4th 26 [ 118 Cal.Rptr.2d 912 ] (Zwicker), the trial court sustained, without leave to amend, defendant’s demurrer to Sandra’s claim for loss of consortium. Zwicker holds that a loss of consortium cause of action is cognizable only if the plaintiff was married to the injured spouse at the time of the defendant’s wrongful conduct, regardless of when the injury becomes manifest. We disagree, and reverse to allow Sandra to pursue her claim.

I. Background

The Leonards were married on April 20, 2001. In September 2010, John was diagnosed with mesothelioma. In December 2010, they sued several…