Gatton

Plaintiffs in this wrongful death action are the widow and heirs of decedent Jerald A. Gatton (Gatton), who died in April 1995 from mesothelioma caused by occupational exposure to asbestos. Plaintiffs sued various companies, including A.P. Green Services, Inc. (Green), an engineering and contracting firm known as Bigelow-Liptak Corporation (Bigelow-Liptak) until it ceased doing business in 1989. This is plaintiffs’ appeal from a judgment in favor of Green after summary judgment. The key question presented is: Was there a triable issue that Bigelow-Liptak caused Gatton’s exposure to asbestos? We will agree with the trial court’s “no” answer and, rejecting language in Williams v. Saga Enterprises, Inc. (1990) 225 Cal.App.3d 142 [274. Cal.Rptr. 901], affirm without reaching other issues.

Background

The complaint alleges, as against Green, negligence, strict liability, enterprise liability and false representation, but there is no need to distinguish between the theories. The summary judgment motion placed at issue the common factual element of whether alleged asbestos exposure during Gatton’s work beginning in 1980 at the Pinole Point Steel Company galvanizing plant…