High Court Reverses Dismissal, Says Failure to Conduct Autopsies not Willful

SALT LAKE CITY, Utah -- The Utah Supreme Court has reversed the dismissal of two asbestos cases, finding that the plaintiffs' failure to ask for an autopsy after the deaths of their respective husbands was a justified mistake. Kilpatrick, et al. v. Bullough Abatement Inc., et al., No. 20060887; Kirkham v. Garlock Sealing Technologies, et al., No. 20070156 (Utah Sup. Ct.).

In the Dec. 12 opinion, the high court ruled that the showing of potential prejudice is not enough to prove that willful noncompliance.

According to the opinion, the Case Management Order governing all asbestos-related litigation in the state …