Plaintiff's Lack of Knowledge Regarding Asbestos Exposure Insufficient for Summary Judgment, Court Rules

SAN FRANCISCO - A plaintiff's statement that he did not have any reason to believe that he was exposed to asbestos while working for six weeks at a California rail yard does not necessarily warrant an award of summary judgment to the defendant, a state Court of Appeal has ruled. Kirkland v. Burlington Northern and Santa Fe Railway Co., No. G031413 (Calif. Ct. App., Fourth Dist.).

In a decision reversing an award of summary judgment to Burlington Northern and Santa Fe Railway Co., the Fourth District California Court of Appeal ruled that the plaintiff's admission that he wasn't exposed to …