Calif. Appellate Court Reverses Judgment for Asbestos Defendant, Says Declaration Wrongfully Excluded

LOS ANGELES –– A California appellate court has reversed summary judgment for an asbestos defendant, concluding that the trial court erroneously excluded a declaration from the dying plaintiff that was not verified until one day before the hearing.

In the Aug. 15 decision, the California Second Appellate District Court of Appeal opined that the trial court committed a “manifest abuse of discretion” when it cited actions taken by plaintiffs’ counsel in separate cases as a reason for excluding the declaration.

The plaintiffs asserted the claims on behalf of James Lester David, who was allegedly exposed to asbestos while working as …