Federal Court Finds Affidavits Inconsistent, Unreliable; Awards Summary Judgment

ASHEVILLE, N.C. -- A federal court has awarded summary judgment to defendant Dana Corp., after finding that an affidavit relied on by the plaintiffs did not link the defendant to plaintiff's exposure to asbestos-containing. Mills, et al. v. ACandS Inc., et al., No. 00-33 (W.D. N.C.).

On Nov. 5, Judge Lacy H. Thornburg of the U.S. District Court for the Western District of North Carolina also found that an affidavit presented by the plaintiff was inconsistent and therefore failed to establish product identification.

Plaintiffs Edward and Sandra Mills contend that Edward was exposed to asbestos-containing gaskets while working in the …