Sarjeant

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JAMES SARJEANT, et al., Case No. 24-cv-01216-VC

Plaintiffs, ORDER RE VANDERBILT'S MOTION v. FOR SUMMARY JUDGMENT

FOSTER WHEELER LLC, et al., Re: Dkt. No. 205 Defendants.

The motion is granted with respect to Sarjeant’s use of a DAP product and denied with respect to Sarjeant’s use of several Kaiser Gypsum products. The motion is deferred with respect to the fraud and punitive damages claims. There are genuine disputes of fact related to Sarjeant’s exposure to Vanderbilt products and whether those products caused his mesothelioma. First, there’s a dispute of fact whether Sarjeant used Kaiser Gypsum joint compounds and ceiling textures. Sarjeant filed a declaration stating he used Kaiser Gypsum premix joint compound and premix topping compound, Cover- Tex wall texture, and K-Spray ceiling texture. Vanderbilt argues that this declaration should be considered a sham affidavit because it contradicts Sarjeant’s testimony in which he did not remember the specific names of Kaiser Gypsum products. However, the inconsistency is not “clear and unambiguous.” Van Asdale v.…