Court Refuses to Extend Privity, Reverses Summary Judgment Award

SAN FRANCISCO -- A California appellate court has reversed an award of summary judgment to a successor-in-interest, finding that the trial court erred in determining that the collateral estoppel defense precluded the plaintiff's claims. Rodgers v. Sargent Controls, et al., No. A110023 (Calif. Ct. App., 1st Dist., Div. One).

In the Jan. 30 opinion, the California First District Court of Appeals reversed the summary judgment award and remanded to the trial court for a determination on successor liability.

In the asbestosis lawsuit, plaintiff James Rodgers named Sargent Controls & Aerospace as successor-in-interest to Sargent Industries, Kahr Bearing Corp., Aetna Steel …