Garza v. Asbestos Corp.

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Filed: 4/2/08 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE JOSEPH GARZA et al., A116523, A119262 Plaintiffs and Respondents, v. (San Francisco County Super. Ct. No. 438144) ASBESTOS CORPORATION, LTD., Defendant and Appellant. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE COURT: On the Court s own motion, the opinion filed March 28, 2008 is modified as follows. The first paragraph on page one is modified to read: In this consolidated appeal1, defendant Asbestos Corporation, Limited, ( ACL ) appeals a jury verdict in favor of plaintiffs Joseph and Mary Garza on their complaint for damages for personal injury and loss of consortium filed after Joseph contracted asbestosis. We affirm. 1 ACL s notice of appeal in case number A116523 was lodged and received on January 24, 2007. Subsequently, after the trial court granted in part and denied in part its motion to tax costs and entered Judgment on the Special Verdict Nunc Pro Tunc, ACL filed a second notice of appeal in case number A119262, lodged and received on October 3, 2007. By order dated October 11, 2007, this court consolidated the two appeals for good cause upon stipulation of the parties. 1 The caption is modified to include both case number A116523 and case number A119262. There is no change in judgment. DATE: ____________ ______________________________ McGuiness, P. J. Justice Horner* and Justice Siggins concur. * Judge of the Alameda County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. 2 Trial Court: Superior Court, San Francisco County Trial Judge: Hon. Suzanne Bolanos, Judge Counsel for Appellant Asbestos Corporation LTD: Patrick M. Kelly, Bernard Gehlhar WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Richard E. Lerner, Pro Hac Vice, Member of Bar of New York and Connecticut Counsel for Respondents Joseph and Mary Garza: Alan R. Brayton Lloyd F. LeRoy Mary E. Pougiales David Fermino BRAYTON PURCELL LLP 3

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