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Walsworth Obtains Summary Judgment in Wrongful Death Mesothelioma Case

Published 12.18.17

Walsworth obtained a summary judgment in a wrongful death mesothelioma case venued in Alameda County Superior Court on behalf of a local hardware store.

Plaintiffs claimed that 88-year-old decedent was exposed to asbestos from home remodel with premixed joint compound used in 1966 and the early 1970s. Plaintiffs argued that the hardware store sold asbestos-containing joint compound used by the husband/father. However, there was no evidence that the product used contained asbestos.

Walsworth moved for summary judgment arguing that without this information, plaintiffs could not prove that decedent was exposed to an asbestos-containing material which was a substantial factor in causing his 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.