Calif. Court Upholds Summary Judgment Award on Product Identification Grounds

LOS ANGELES -- A California appellate court has upheld an award of summary judgment to an asbestos defendant, finding that the plaintiffs had not offered up any evidence of product identification except their own testimony. Fontes v. Interstate Brands Corp., No. B224722 (Calif. 2nd Dist. Ct. App., Div. 5).

In the Oct. 18 opinion, the California 2nd District Court of Appeal found that since the plaintiffs had failed to establish that asbestos was present at the worksite in question, it did not need to address whether take-home exposure to an employee's wife was a foreseeable risk.

The plaintiffs claim that …