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Summary Judgment Obtained In Asbestos Mesothelioma Case

November 8, 2021

At the end of last week, the CMBG³ Team secured a favorable ruling on a Motion for Summary Judgment in Los Angeles Superior Court.  Plaintiffs asserted that decedent was exposed to asbestos during his time in the United States Navy while on board several vessels from 1943 to 1946.  Plaintiffs’ allegations included purported exposure to asbestos from decedent’s work or around Navy equipment (including gaskets and packing).

CMBG³ filed a motion for summary judgment on behalf of their client asserting that there was no admissible evidence linking decedent’s alleged exposure to asbestos to any product or equipment associated with the client. The team raised objections to the declaration of Plaintiffs’ purported expert, Charles Ay, that Plaintiffs submitted in their opposition brief. 

The Court reviewed the briefs, entertained oral argument, and ultimately GRANTED Summary Judgment even after counsel for Plaintiffs raised a last-minute Appellate Court decision at the time of the hearing.