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Walsworth Obtains Summary Judgment in Personal Injury Mesothelioma Case

Published 7.20.16

Walsworth obtained a summary judgment in a personal injury mesothelioma case in Los Angeles Superior Court on behalf of a hardware store.

Plaintiffs claimed that the 65-year-old wife was exposed to asbestos from laundering her 66- year-old husband’s clothing after the husband’s one-time use of roofing cement in 1977.  Plaintiffs argued that the product retailer sold roofing cement used by the husband.  However, there was no evidence that the product used by the husband contained asbestos, nor that the product ever got onto the husband’s clothing.  Some roofing cements contained asbestos; but, plaintiffs were unable to prove that the particular roofing cement used by the husband was asbestos-containing.

Walsworth moved for summary judgment arguing that without this information, plaintiffs could not prove that the wife was exposed to any asbestos-containing material which was a substantial factor in causing her mesothelioma.  The Court agreed and granted summary judgment in favor of Walsworth’s client.

The defense was represented by Karen M. Johnson of the Los Angeles office.