
Dead after asbestos exposure 556


Wrongful death is another area of San-Diego-Personal-Injury-attorney.com
Flores v Kmart Corp. 202 Cal.App.4th 1316 (2012) (2/5) Wrongful death asbestos case. After exposure but before lawsuit, Kmart had filed and gotten discharge in Chapter 11 bankruptcy. San-Diego-Auto-Accident-lawyer Other than publication (newspaper) notice, but no showing Flores (decedent or plaintiffs) had notice. Judicial notice taken of bankruptcy filings. No pleading of date when Flores aware of mesothelioma. Demurrer sustained, reversed. [1] Bankruptcy discharge can bar suit on unliquidated, continent or unmatured claim. If Flores’s identity reasonably ascertainable, then actual notice is mandatory. If not known or reasonably ascertainable, then service by publication would suffice. Given the record which was silent on whether Flores ascertainable, then error to sustain demurrer. San Diego personal injury attorney