HPTY Wins Another Summary Judgment in Los Angeles Mesothelioma Case

April 18, 2012

Barry Schirm and Sarah Christopher Foley prevailed on a summary judgment in Los Angeles County on behalf of their client, a regional manufacturer of joint compound which contained asbestos in the past.

The 66 year-old plaintiff, who suffers from pleural mesothelioma, alleged exposure to asbestos from various joint compound products during construction-related activities in the Southern California area. Although the plaintiff was unable to identify the brand name of any product he allegedly obtained from HPTY's client, the plaintiff argued that HPTY’s client had, for a number of years, manufactured joint compound for another manufacturer, under the other manufacturer's name, for sale throughout California. The plaintiff further asserted he was exposed to the re-distributed products during the relevant years of the arrangement between the two manufacturers. The Court rejected this argument, ruling that there was insufficient evidence to establish the plaintiff was truly exposed to products manufactured by HPTY’s client.  


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