HPTY Obtains Summary Adjudication in Los Angeles Mesothelioma Case
Ed Ulloa, Macy Chan and Katie Benton prevailed on a motion for summary adjudication of three of Plaintiff’s claims, including False Representation, Intentional Tort/ Intentional Failure to Warn and Punitive Damages in Los Angeles County on behalf of their client, a manufacturer of friction material used in brakes and other products which contained asbestos in the past.
Plaintiffs were the husband, heirs and the estate of the wife and mother who suffered from peritoneal mesothelioma. Plaintiffs alleged the decedent was exposed to asbestos from brake dust brought home on her husband’s clothing during his work as a automotive mechanic. Plaintiffs further claimed that HPTY’s client knew of the dangers of asbestos during the time the decedent was exposed to dust from the client’s friction material and acted with conscious disregard by failing to take appropriate to eliminate and/or warn of the known danger. The Court rejected this argument, finding that there was insufficient evidence to create a triable issue of fact to support Plaintiffs’ causes of action for False Representation, Intentional Tort/Intentional Failure to Warn and punitive damages.