Plaintiffs' Inadequate Discovery Responses Shifted Burden, Summary Judgment Affirmed

SAN FRANCISCO -- A California Court of Appeal has affirmed an award of summary judgment to asbestos defendant Viacom, after determining that the defendants had adequately shifted the summary judgment burden by serving the plaintiffs with special interrogatories and document requests. Smith, et al. v. Viacom, No. A100867 (Calif. 1st Dist. Ct. App., Div. 3).

In a Jan. 19 decision, the 3rd Division of the California 1st District Court of Appeal opined that the plaintiffs' discovery responses were inadequate in proving that a Viacom product proximately caused the plaintiff's injuries.

Plaintiffs William and Sharon Smith contended that William Smith developed …