CERTIFIED FOR PARTIAL PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
Plaintiff and Respondent,
A.P. GREEN INDUSTRIES, INC., et al.,
Defendants and Appellants.
(San Francisco County
Super. Ct. No. 964313)
Defendants and appellants A.P. Green Industries, Inc. (Green), and Flexitallic, Inc.
(Flexitallic), appeal a judgment by jury trial awarding plaintiff and respondent Kyle
Richmond2 damages in his action for personal injuries from asbestos exposure.
Appellants present numerous assignments of error, principal among which is that the
action was barred by the statute of limitations. We affirm.
Between 1942 and his retirement in 1973 respondent worked as a welder in
various shipyards, through which he was exposed to airborne asbestos fibers emanating
from appellants’ products, the inhalation of which resulted in lung damage.
In 1983 respondent brought an action for asbestos-related injuries against multiple
1 Pursuant to California Rules of Court, rule 976.1, parts II through X of this opinion are
not certified for publication.
2 Kyle Richmond died pending appeal. His widow, Cassie Richmond, has been substituted
as his successor-in-interest. (Code Civ. Proc., § 377.32.) However, for clarity we refer to
respondent by the masculine pronoun.
Unless otherwise stated, all further statutory references are to the Code of Civil
specifically named and fictitious defendants, naming Flexitallic but not Green as a
defendant. In his 1983 action respondent alleged that he suffered from “asbestosis, other
lung damage, and cancer” and “is dying” as a result of his asbestos exposure. Both
respondent and his wife, although she was not a party to the 1983 action, settled with
several defendants, but there is no record of any settlement with appellant Flexitallic, and
it is undisputed that Green was never designated as one of the fictitiously named