Calif. Court Says Plaintiff Should Have Been Allowed to Present New Exposure Theories

LOS ANGELES -- A California appellate court has reversed an award of summary judgment for two asbestos defendants, finding that the plaintiffs were wrongfully precluded from amending their complaint to add testimony on new exposure theories. Cole, et al. v. Hanson Permanente Cement Inc., et al., No. B221876 (Calif. Ct. App., 2nd Dist., Div. 5).

In its Jan. 21 opinion, the California 2nd District Court of Appeal said the trial court's decision to deny a motion to amend prior to the entry of judgment on the award of summary judgment was erroneous and that the plaintiffs' amended complaint should be …