California Court of Appeal

In an asbestos-related cancer case, in which plaintiff presented expert testimony in support of her claim that her father's exposure to asbestos in Bendix brake linings that he used when performing brake jobs in the 1960s and 1970s was a substantial factor in contributing to his risk of developing mesothelioma, the trial court's judgment in plaintiff's favor is affirmed, over defendant's claim that the testimony should have been excluded under Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747, because it is speculative and devoid of evidentiary and logical support, where the court: 1) did not abuse its discretion by allowing plaintiff's medical expert to testify; and 2) did not err by refusing to give defendant's proposed instruction.

Appellate Information

• Published 2016/03/03

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel