Gordon Rees Scully Mansukhani achieved a significant legal victory in a wrongful death case filed against their client, a multinational cosmetics company, in Alameda County Superior Court. Senior Counsel Rich Ames, along with Associates Brikk Bralley and Shelby Coyne, successfully argued that the plaintiffs’ claims were barred by California’s asbestos statute of limitations.
The case stemmed from allegations that asbestos-containing talc products manufactured by the firm’s client caused the decedent’s mesothelioma and subsequent death in December 2021. The plaintiffs initiated their lawsuit in February 2022 but delayed naming the client as a defendant until July 2023, 19 months after the decedent’s passing.
Under California Code of Civil Procedure § 340.2(c), wrongful death claims must be filed within one year of the date of death or when plaintiffs knew or should have known the death was asbestos-related, whichever is earlier. The court ruled that the plaintiffs’ knowledge of the client’s products and its connection to talc-related claims rendered their “Doe” amendment untimely.
The decision emphasized that both the decedent’s family and their counsel, a law firm specializing in mesothelioma litigation, were aware or should have been aware of the facts giving rise to the claim against the company well before the statute of limitations expired. Key deposition testimony revealed that the plaintiffs had longstanding knowledge of the decedent’s use of the specific talc products as early as 2013. The court further ruled that the plaintiffs’ counsel’s expertise and prior litigation against the client negated any claim of ignorance.
The ruling may influence how courts assess delayed attempts to add defendants in future asbestos-related wrongful death claims. As the plaintiffs’ counsel acknowledged during the hearing, the court’s decision could impact numerous similar cases filed by their firm.
The win also showcased outstanding teamwork, with Shelby Coyne delivering an exceptional oral argument to secure the court’s decision, a remarkable achievement for her first argument in such cases.
For questions about this ruling or advice on defending against similar claims, contact a member of GRSM’s Environmental & Toxic Tort practice.