California Court of Appeal

In a suit alleging that an oil refinery worker was exposed to asbestos and asbestos-containing products, causing mesothelioma, summary judgment to the defendant is affirmed, where: 1) internally contradictory deposition testimony of a coworker did not establish the existence of a triable issue of fact; 2) the defendant was not liable just because it was hired to perform maintenance on equipment at the plant; 3) there was no evidence that the defendant supplied asbestos-containing insulation or caused it to be put on boilers, or that the defendant had any knowledge or responsibility concerning the refinery's worker safety; and 4) the defendant's response to a discovery request did not raise a triable issue.

Appellate Information

• Decided 04/26/2012
• Published 04/26/2012

Judges

• Armstrong

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• DeBlase Brown Eyerly, Sedgwick LLP