The death of a California man from mesothelioma inspired the passage of Senate Bill 447 in California which overturns existing law which prohibited posthumous damages to survivors of mesothelioma victims and others whose deaths are deemed negligent. Similar laws remain on the books in Florida, Idaho, Colorado, and Arizona.
Alfonso Rocciola, who supervised construction projects in San Francisco for decades, filed a personal injury lawsuit after being diagnosed with mesothelioma. However, Mr. Rocciola died before his case came to court and under the existing law, his survivors were no entitled to damages he would have won.
With the passage of the new state law, family members will now be able to collect “pain and suffering” damages, even after their loved one has died.
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