SB 2681

Abstract

Amends the Code of Civil Procedure. Provides that no person shall bring or maintain a tort action alleging an asbestos claim based on a nonmalignant condition in the absence of a prima-facie showing that the exposed person has a physical impairment, that the physical impairment is a result of a medical condition, and that the person's exposure to asbestos is a substantial contributing factor to the medical condition. Sets out prima-facie requirements for nonmalignant, cancer, and smokers claims. Provides that no prima-facie showing is required in a tort action alleging an asbestos claim based upon mesothelioma. Requires that the plaintiff in any tort action who alleges an asbestos claim file, within 30 days after filing the complaint or other initial pleading, a written report and supporting test results constituting prima-facie evidence of the exposed person's physical impairment that meets the minimum requirements. Limits the liability of successors of a corporation for asbestos-related claims. Effective immediately.