Walsworth Obtains Summary Judgment in Take-Home Asbestos Matter
A motion for summary judgment was granted in Alameda County Superior Court on behalf of a dissolved general contracting company in a personal injury preference case in which the plaintiff alleged peritoneal mesothelioma and claimed $3 million to $5 million in economic damages. The plaintiff claimed that he suffered take-home exposure to asbestos through his father, who worked for Walsworth’s client from the time of plaintiff’s birth in 1957 through 1959. The evidence showed his father worked for Walsworth’s client at two sites, but the plaintiff could not produce any evidence his father ever worked with or around any asbestos-containing product at these sites. The motion was granted based on the argument that plaintiffs do not have, nor can reasonably be expected to obtain, admissible evidence sufficient to raise a triable factual dispute as to their allegations.
The defense was represented by Hillary Huth from the San Francisco office.