Hernandez

Natalia Hernandez (appellant), individually and as successor in interest to Amulfo Hernandez, deceased (Mr. Hernandez or decedent), appeals from a judgment of nonsuit in favor of respondent Amcord, Inc. (respondent). Appellant and Mr. Hernandez brought suit against respondent and other defendants for negligence and strict liability after Mr. Hernandez was diagnosed with mesothelioma in 2008, at the age of 62. At the start of trial, respondent was the only remaining defendant in the case. Nonsuit was granted in favor of respondent after appellant’s presentation of evidence, on the ground that appellant failed to present evidence that respondent’s product, Riverside’s asbestos-containing gun plastic cement, was a substantial factor in causing Mr. Hernandez’s mesothelioma to a reasonable degree of medical probability. The trial court cited Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 953 [ 67 Cal.Rptr.2d 16 , 941 P.2d 1203 ] (Rutherford) and Whitmire v. Ingersoll-Rand Co. (2010) 184 Cal.App.4th 1078 [ 109 Cal.Rptr.3d 371 ] (Whitmire) in support of its decision.

We find that the evidence presented by appellant at trial, evaluated in a light most favorable to…