HPTY Wins Summary Judgment in Mesothelioma Wrongful Death Case

September 15, 2011
Oakland, California

Lauren Wood and Mark Hilliard filed and won summary judgment in a wrongful death case in Alameda County, California.  HPTY represented a construction materials manufacturer and retailer.

Plaintiff testified generally that her husband used products manufactured and sold by the client during numerous home remodel projects he completed over 40-plus years.  Plaintiff claimed that these products caused her husband’s mesothelioma and resultant death.  HPTY carefully cross-examined the Plaintiff at her deposition, resulting in a clarification and partial retraction of her testimony.

When Plaintiff refused to dismiss HPTY’s client from the case, HPTY moved for summary judgment.  Following a lengthy oral argument, the Court granted the motion.  The Court found that Plaintiff did not have and could not reasonably obtain evidence that Decedent was exposed to asbestos from a product manufactured or sold by HPTY’s client, and that Plaintiff’s evidence would be insufficient to withstand a motion for non-suit.  The Court also sustained HPTY’s client’s objections to substantive portions of Plaintiff’s expert’s declaration submitted in opposition to the Motion. 

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