Calif. Court Reverses Award of Summary Judgment, Says Asbestos Expert’s Report Not ‘Speculative’

SAN FRANCISCO –– A California appellate court has reversed an award of summary judgment to a construction company, finding that a declaration by a plaintiff’s expert opining that the decedent was exposed to asbestos-containing dust generated by the defendant’s workers was not speculative.

In the Feb. 18 opinion, the California First District Court of Appeal found that the expert report, combined with a fact declaration by the decedent’s former co-worker, was enough to defeat the motion for summary judgment.

Plaintiff Betty O’Leary filed the action on behalf of her late husband, Michael O’Leary, contending that during his employment as …