Court Allows Declaration Clarifying Product ID, Reverses Dismissal

SEATTLE -- A Washington appellate court has reversed an award of summary judgment to a flooring defendant, finding that a supplemental declaration naming the defendant's products did not contradict earlier deposition testimony and was wrongfully excluded. Rafter v. American Biltrite Inc., et al., No. 60203-9-I (Wash. Ct. App.).

In the June 9 ruling the Washington Court of Appeals said that since the deponent had said in his deposition that he could not possibly name all the product present at the work site of alleged exposure, a declaration filed later naming an additional product was not improper.

The claims were asserted …