Walsworth Attorneys Obtain Summary Judgment on Behalf of Product Manufacturer in Toxic Tort Case

On January 27, 2020, Walsworth attorneys secured summary judgment for a trailer manufacturer client named in a mesothelioma lawsuit filed in the Superior Court of California, Alameda County. During discovery, witnesses, including the key plaintiff in the case, claimed familiarity with the client’s trailers. Walsworth attorneys, however, established that none of the witnesses had the foundation to testify that work on the client’s trailers included original brake work or that any replacement parts originated from the client. This lead the way to a motion for summary judgment under O’Neil vs. Crane Co., which the plaintiffs opposed. In their opposition, the plaintiffs submitted a declaration from the key plaintiff, changing her testimony and claiming to have witnessed first-time brake work on the client’s trailers, as well as an expert witness declaration. In reply, Walsworth attorneys successfully argued that the Court should wholly disregard the plaintiff’s declaration under D’Amico v. Board of Medical Examiners, because of the inherent inconsistency with her deposition testimony, and the expert’s declaration as irrelevant to the material issues in the case. The Court agreed and granted the motion, obviating the need for the client’s further participation in the multi-defendant case, which had a preferential trial date. The demand to Walsworth’s client was in the high six figures.

For more information, please contact Elizabeth L. Huynh.