Weber

A manufacturer or supplier of a product containing asbestos is sued for personal injuries allegedly resulting from plaintiff’s exposure to asbestos. Defendant moves for summary judgment, supporting the motion with plaintiff’s deposition testimony that he did not recall defendant’s name and did not recall whether he worked with any product bearing defendant’s name. The question is whether this evidence, without more, meets defendant’s initial burden of producing evidence that plaintiff does not possess, and cannot reasonably obtain, evidence defendant was a cause of plaintiff’s injuries, so that the burden shifts to plaintiff to show a triable issue of fact exists as to causation. We hold that it does not, and reverse the judgment entered here.

Background

On September 29, 2004, Joseph and Sheila M. Weber brought suit against numerous manufacturers, suppliers and contractors. Plaintiffs alleged Joseph Weber (Weber) suffered mesothelioma from exposure to asbestos during the nearly 40 years he had worked as a machinist, equipment operator, and laborer at many different sites and for many different employers. Plaintiffs named John Crane, Inc. (John Crane), as a defendant,…