Walsworth Secures Summary Judgment in Asbestos Wrongful Death Case

Walsworth Senior Counsel Emily Anselmo and Senior Associate Nicholas Lunsford secured summary judgment on January 29, in Alameda County, on behalf of an automotive company defendant in an asbestos-related wrongful death and survival action. The plaintiffs claimed the decedent developed mesothelioma after working as an auto mechanic from the late 1960s through the early 1990s and alleged exposure to asbestos-containing transmissions, gaskets, brakes, and clutches.

The Walsworth team moved for summary judgment, arguing that the plaintiffs lacked evidence linking the decedent’s alleged asbestos exposure to their client’s products. The motion highlighted that plaintiffs’ discovery responses failed to identify specific products, locations, or witnesses with personal knowledge of any exposure attributable to the defendant and relied instead on speculation that the decedent “may” have encountered the defendant’s products.

The court agreed, finding the plaintiffs’ discovery responses were factually deficient and that the only identified witness, the decedent’s son, provided no testimony establishing exposure to the automotive company’s products and did not recognize the defendant by name. With no evidence connecting the defendant’s products to the alleged exposure, the court granted summary judgment for Walsworth’s client and dismissed all claims.