HPTY Wins Summary Judgment in Mesothelioma Wrongful Death Case
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.