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VANHOOSER v. SUPERIOR COURT

No. B239677.

206 Cal.App.4th 921 (2012)

142 Cal. Rptr. 3d 230

SHERRELL VANHOOSER, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HENNESSY INDUSTRIES, INC., et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Three.

June 1, 2012.

Attorney(s) appearing for the Case

The Lanier Law Firm, H.W. Trey Jones and Lynne Rasmussen for Petitioner.

Farrise Firm, Simona A. Farrise, Carla V. Minnard; The Arkin Law Firm and Sharon J. Arkin for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Gordon & Rees, Roger M. Mansukhani, Steven A. Sobel and Mitchell B. Malachowski for Real Party in Interest Hennessy Industries, Inc.

Hawkins Parnell Thackston & Young, Robert E. Thackston, Julia A. Gowin, Stephanie L. Bowlby and Lauren E. Wood for Real Party in Interest John Crane Inc.

Crowell & Moring and Steven P. Rice for Coalition for Litigation Justice, Inc., as Amicus Curiae on behalf of Real Parties in Interest.

Fred J. Hiestand for The Civil Justice Association of California as Amicus Curiae on behalf of Real Parties in Interest.

Brydon Hugo & Parker, Edward R. Hugo, Shaghig D. Agopian and Thomas J. Moses for Toyota Motor Sales, U.S.A., Inc., as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

ALDRICH, J.—

INTRODUCTION

The first element of a loss of consortium cause of action is the existence of a marriage at the time of injury to the plaintiff's spouse. With asbestos-related illnesses, as with other latent diseases, appreciable injury does not occur at the time of exposure to the toxic substance, but often decades later when disease is diagnosed or symptoms are discovered. In this opinion, we hold that the...

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