California Court of Appeal

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Davis v. Foster Wheeler Energy Corp., B226089

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