State appeals court rejects asbestos lawsuit by San Diego city workers

A state appeals court has upheld a 2024 lower court decision dismissing claims from dozens of San Diego city employees who said they were wrongly exposed to asbestos during the renovation of their office space.

A three-judge panel of the 4th District Court of Appeal said in a ruling last week that employees who were assigned to offices in the Executive Complex building during 2018 renovations could pursue any injury claims through the worker’s compensation process rather than superior court.

“When the basic conditions of workers’ compensation exist, that is the exclusive remedy for an employee’s emotional distress injuries, except when the employer’s conduct ‘contravenes fundamental public policy’ or ‘exceeds the risks inherent in the employment relationship,” the appellate court said.

The ruling issued last week is the latest setback in a lawsuit first filed in 2019 alleging that city workers were exposed to the cancer-causing material during renovations of the leased office space.

The City Attorney’s Office declined to comment on the ruling.

But Michael Aguirre, the lawyer and former city attorney who is representing the workers, said he plans to ...