Andrews
Andrews v. Foster Wheeler LLC
Opinion
Opinion
Lambden, J.
Plaintiffs Paul and Eileen Andrews seek reversal of the trial
court’s grant of summary judgment in favor of defendant Foster Wheeler LLC (Foster Wheeler). We affirm the trial court’s judgment because plaintiffs have not established a triable issue of fact regarding causation.
BACKGROUND
In September 2003, plaintiffs filed products liability claims in superior court in San Francisco against dozens of manufacturers, suppliers, and contractors for allegedly causing the asbestos-related disease suffered by Paul Andrews (Andrews), then 70 years old, as a result of exposure to asbestos during his years of employment. Among other things, the complaint set forth a history of Andrews’s work as a laborer, deckhand, and gunner’s mate for over 20 years at multiple naval facilities and on naval vessels, including the USS Brinkley Bass (Brinkley Bass). On October 14, 2004, plaintiffs filed an amendment to their complaint which identified Foster Wheeler as the entity sued under the fictitious name “DOE 1.”
The trial court granted plaintiffs’ motion below for trial preference and scheduled a trial date for approximately nine months after the filing of the original complaint. Foster…