Scheiding

In this case we gauge the evidence that must be “shown” to support a summary judgment motion in order to require the party opposing the motion to take up the burden of producing countervailing evidence.

Plaintiffs Robert and Rae Scheiding filed this action for damages following Robert’s diagnosis with asbestosis and asbestos-related pleural disease. Plaintiffs appeal from summary judgment granted in favor of defendant Dinwiddie Construction Company (Dinwiddie) after the trial court failed to discern any triable issue of fact relating to the element of causation. Dinwiddie’s motion was supported by a declaration of counsel stating that Robert’s responses to discovery did not mention Dinwiddie. The motion contended that the plaintiffs had no evidence to suggest Dinwiddie’s presence at work sites where Robert’s asbestos exposure allegedly occurred. We reverse the judgment.

Background

Plaintiffs filed their complaint on October 18, 1994, naming hundreds of defendants and alleging injury from Robert’s asbestos exposure during work as a laborer and electrician. Dinwiddie was among the specified “Premises Owner/Contractor Liability Defendants” allegedly liable on three counts…