Different Result In Similar Asbestos Case Decided A Few Weeks Later.

A case involving similar allegations was decided a few weeks later, this time with a different result.  In the second case, it was the worker’s wife who was exposed to asbestos which adhered to her husband’s clothing when he worked for a railway during the 1970s. She sued on a theory of premises liability, contending her husband was exposed to asbestos on defendant’s premises. The trial court sustained her demurrer without leave to amend, and the appellate court affirmed “because absent a duty of care, there is no reasonable possibility that the defect can be cured by amendment.” (Haver v. BNSF Railway Co. (Cal. App. Second, Div. 5; June 3, 2014) (As mod. June 23, 2014) 226 Cal.App.4th 1104.)