Court: Failure to Recall Defendant's Name Not Ground for Summary Judgment

SAN FRANCISCO - An asbestos plaintiff's failure to recall a defendant company's name, or whether he worked with any product bearing that name, during deposition does not shift the burden of causation proof to the plaintiff, an appellate court said in reversing summary judgment for John Crane Inc. Weber v. John Crane Inc., No. A111421 (Calif. Ct. App., 1st Dist., Div. 1).

In an Oct. 18 published opinion, the 1st Appellate District for the California Court of Appeal said that plaintiff Joseph Weber's inability to recall whether he worked around a John Crane product more than 40 years ago suggests …