Calif. Appellate Court Reverses Award of Summary Judgment for Asbestos Defendant

SAN FRANCISCO –– A California appellate court has reversed an award of summary judgment for an asbestos defendant, finding, in part, that the trial court had erred when excluding a declaration from an industrial hygienist.

In the July 27 opinion, the California First District Court of Appeal, Division One, found that the plaintiff’s testimony, coupled with a declaration from William Ewing, CIH, created a triable issue as to whether the plaintiff was exposed to asbestos in joint compound products sold by Goodman Lumber Co.

Plaintiffs Jerry and Christine Charlifue filed the underlying action, contending that Jerry encountered asbestos-containing products while …