Court Reverses Summary Judgment Award in Lung Cancer Case

SAN FRANCISCO -- A California appellate court has reversed an award of summary judgment to a pipe supplier, saying that the defendant failed to carry its burden by failing to counter testimony that the plaintiff unloaded transite piping from the defendant's truck. Sparks v. Keenan Properties, No. A115624 (Calif. Ct. App., 1st Dist., Div. 2).

In the Oct. 3 decision, the First District Court of Appeals said that Keenan Properties failed to satisfy its burden of producing evidence that that plaintiffs could not prove causation.

Tommie Sparks Sr. and his wife, Helen, filed the lawsuit against Keenan, claiming that Tommie's …