Motion for Summary Judgment Granted

As discussed in an earlier issue of this newsletter (Volume 5, Issue 1), the California Supreme Court in Kinsman v. Unocal Corporation , a case in which the Firm represented a prevailing defendant, established law very favorable to landowners in cases where the plaintiff seeks to hold a landowner responsible for the negligence of a contractor or subcontractor. That precedent was put to good use recently when the Firm represented a client who obtained summary judgment in a serious personal injury case. The plaintiff, a 35-year old man, was rendered paraplegic after falling from the mast of an oil servicing rig that was knocked down during a high wind. The plaintiff was employed by an independent contractor but claimed that the Firm's client, pursuant to contract, had a right to inspect for, and therefore influence, safety on the job site, and that the client was aware of prior incidents involving similar rigs that were not tied down. The Court granted summary judgment on the grounds that mere retention of control does not equal an affirmative act that would render the owner liable. Karen Johnson of the Orange Office authored and successfully argued the motion.

Client Prevails in Wrongful Death Case

WFB&M recently obtained a defense verdict on behalf of its client, a defendant in a wrongful death case brought by the heirs of a man who died at age 44 as a result of mesothelioma, a cancer strongly associated with exposure to asbestos.

As is usually the case, a number of defendants were named, but by the time the matter came to trial, the only defendant that remained was WFB&M's client, a manufacturer of construction materials. The decedent's father claimed that his son had been exposed to asbestos containing materials manufactured by the client. The Firm's client denied that its products were the cause of the unfortunate man's untimely death. Following a three-week trial downtown Los Angeles, a jury, after deliberating for a day, agreed, and rendered a defense verdict. The case was tried by Tom Scully as first chair, and Heather Nicoletti as a second chair. Heather and Tom work in the Orange office of WFB&M and received the support of the Orange County asbestos team in handling the case.


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