HPTY Wins Summary Judgment in Los Angeles Mesothelioma Case
The HPTY team of Erin Hayner, Susan Egeland, Lauren Wood, and Ed Slaughter won summary judgment in Los Angeles County on behalf of their client, a national retailer and manufacturer of construction materials.
The 52 year-old plaintiff, who was diagnosed with peritoneal mesothelioma, alleged exposure to asbestos from joint compound and cement pipe. Though he was unable to identify the brand name of any product he allegedly obtained from HPTY's client, the plaintiff argued that it was fair to assume that those products contained asbestos during the time period at issue based on his general recollection of using certain brand names. The Court rejected this argument, ruling that this "evidence" was insufficient as a matter of law to prove substantial factor causation.