Court Rejects Plaintiffs' Mistaken Product ID Argument

SEATTLE -- Washington's Court of Appeals has upheld a summary judgment award to the Tile Council of America, opining that the plaintiff's failure to properly recollect a product that was allegedly licensed by the defendant justified the trial court order. Butler, et al. v. Amtico International Inc., et al., No. 56302-5-I (Wash. Ct. App., Div. I).

In the July 31 opinion, the appellate court rejected the plaintiffs' arguments that the failure to properly identify an asbestos-containing product was excusable, opining that even if the error was justified, the plaintiff still failed to produce evidence that the correct product was present …