Melendrez v. Ameron Int'l Corp.Annotate this Case
Lario Melendrez worked for Ameron for 24 years where he was exposed to asbestos and died of asbestos-related mesothelioma. Plaintiffs, Lario's survivors, filed a wrongful death suit against Ameron, alleging that in addition to his workplace exposure to asbestos, Lario was also permitted to take waste or scrap pipe home, where he was exposed to asbestos in using the pipe for home projects. The trial court granted Ameron's motion for summary judgment on the ground that plaintiffs' sole and exclusive remedy against Ameron lies in the California Workers’ Compensation Act, Lab. Code, 3600 et seq. The court concluded that the workers’ compensation exclusive remedy rule applies; the trial court did not abuse its discretion in awarding Ameron expert witness fees; and therefore, the court affirmed the judgment.