McGonnell

The decedent in this wrongful death action allegedly died of asbestos-related lung cancer. Testimony taken before his death showed decedent had no knowledge of exposure to products manufactured by defendants Kaiser Gypsum Company, Inc. (Kaiser Gypsum) and Kaiser Cement Corporation (Kaiser Cement). The trial court found no triable issue of fact regarding decedent’s exposure to defendants’ products, and no evidence decedent had been exposed to asbestos-containing products manufactured by defendants. The court granted summary judgment in favor of both Kaiser Gypsum and Kaiser Cement.

Plaintiffs contend defendants failed to make a prima facie showing of the nonexistence of any triable fact. Alternatively, plaintiffs contend they produced substantial evidence showing triable issues of material fact. We disagree on both counts and affirm the judgment.

Background

James McGonnell (McGonnell) filed a complaint for personal injuries resulting from asbestos exposure in 1997. (Super. Ct. S. F. City and County, No. 989625.) Following his death in 1999, plaintiffs, his wife and two daughters, filed an amended complaint for survival, loss of consortium, and wrongful death. (Super.…