Williams v. Pep Boys Manny Moe & Jack of Cal.
Opinion
Lead Opinion
Schulman, J.
*812 *228 Appellants are the seven adult children of decedent J.D. Williams (Decedent), who died in 2010 of mesothelioma allegedly caused by exposure to asbestos in brakes he purchased from defendant The Pep Boys Manny Moe & Jack of California (Pep Boys), an automotive parts retailer and service provider. In this lawsuit, filed in January 2011, they asserted claims for wrongful death, strict liability, and negligence. The trial court granted Pep Boys' motion for judgment under Code of Civil Procedure section 631.8 on appellants' wrongful death claims on the ground that they were barred by the statute of limitations, and also as to appellants' claim for punitive damages. 1 After a bench trial on the remaining claims, the trial court awarded appellants $213,052 as economic damages, but it found that amount was entirely offset by settlements appellants had entered into before trial with other parties. Appellants appeal from the resulting judgment, contending that the trial court erred in several respects. First, they contend that the trial court abused its discretion in allowing Pep Boys to amend its answer to correct a previously-asserted statute of limitations defense. Second, they…