California Court of Appeal

In case alleging personal injuries based on exposure to asbestos, summary judgment for defendant is reversed where plaintiff-s deposition testimony that he did not recall the defendant-s name and did not recall whether he worked with any product bearing the defendant-s name, did not meet defendant-s initial burden of producing evidence that the plaintiff does not possess, and cannot reasonably obtain, evidence the defendant was a cause of the plaintiff-s injuries, so that the burden shifts to the plaintiff to show a triable issue of fact exists as to causation.

Appellate Information

• Decided 10/18/2006
• Published 10/18/2006

Judges

• STEIN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Paul, Hanley & Harley, LLP, Philip A. Harley, Deborah R. Rosenthal, Berkeley, for Plaintiffs and Appellants.


• For Appellees:
  
• Hassard Bonnington, LLP, Philip S. Ward, Robert L. Nelder, Richard G. Katerndahl, San Rafael, for Defendant and Respondent.