HPTY Prevails on Another Summary Judgment in Los Angeles Mesothelioma Case

January 3, 2013

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

The 58 year-old plaintiff, who suffers from pleural mesothelioma, alleged exposure to asbestos from several joint compound products during construction-related activities in California. Although the plaintiff was unable to identify the brand name of any product from HPTY's client, the plaintiff asserted that HPTY’s client had, for a number of years, exclusively manufactured joint compound for another manufacturer, under the other manufacturer's name and packaging, for sale throughout California. The plaintiff further asserted he was exposed to the re-branded products during the relevant years of the arrangement between the two manufacturers. The Court rejected this argument, ruling there was insufficient evidence to establish the plaintiff was truly exposed to re-branded products manufactured by HPTY’s client.   

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