Calif. Court Reverses Award of Summary Judgment, Says ‘Inevitable Use’ Standard Applies in Asbestos Case

SAN FRANCISCO –– A California appellate court has issued an order reversing an award of summary judgment entered in favor of defendant Hennessy Industries Inc., ruling that the trial court incorrectly applied the “exclusive use” standard and should have instead used the “inevitable use” standard when assessing the motion.

In the May 9 order, the California Court of Appeal, First District, Division Four, wrote that the “combined use of Hennessy’s machines with the asbestos-containing brakes inevitably created a hazardous condition by releasing asbestos fibers into the air.”

Plaintiff Renee Rondon asserted the claims on behalf of Frank Rondon, contending that …