Burden of Proof on Causation Erroneously Shifted to Plaintiff, Appeals Court Rules

LOS ANGELES - A California appeals court has reversed an award of summary judgment to a defendant in a silica-related interstitial fibrosis case after ruling that the trial court erred when it required the plaintiff to provide sufficient medical evidence that the alleged exposure caused his disease. Gutierrez, et al. v. Illinois Tool Works, Inc., No. B167721 (Calif. Ct. App., 2nd Dist.).

The Second District California Court of Appeal on July 27 held in an unpublished opinion that it was the moving defendant that was required to meet its initial burden of establishing that plaintiff Jose Gutierrez does not possess …