California Court Reverses Summary Judgment, Finds Testimony Wrongfully Omitted

SAN FRANCISCO -- A California Court of Appeal has reversed an award of summary judgment to ExxonMobil Corp. in an asbestos lawsuit, after finding that the trial court erroneously precluded testimony from the plaintiff's co-worker. Biles v. Exxon Mobil Corp., No. A105783 (Calif. Ct. App., 1st Dist., Div. 2)

In a Dec. 14 decision, the 1st District Court of Appeal found that the plaintiff had reserved the right to supplement or amend his interrogatory answers, and that his failure to do so immediately, did not constitute willful or purposeful behavior.

'In deciding this appeal we deconstruct a civil discovery 'urban …