Panel: Court Must Allow Discovery Before Ruling on Summary Judgment

WEST PALM BEACH, Fla. - A Florida appellate court has reversed summary judgment for a pump manufacturer in a wrongful death lawsuit, ruling that the trial court erred in granting summary judgment prior to completion of discovery despite plaintiffs' recantation of testimony concerning exposure. Sbory v. American Optical Corp., et al., No. 4D06-408 (Fla. Ct. App., 4th Dist.).

On May 16, the Fourth District Court of Appeal said that the only chance for the case against Goulds Pumps Inc. to move forward is the possibility of discovering that Goulds specified its pumps be insulated with asbestos, and, therefore, the completion …