Collin

After Loren A. Collin was diagnosed with mesothelioma, he and his wife Verna Lee Collin sued 22 entities for negligence, strict liability, false representation, intentional tort/failure to warn, alter ego, and loss of consortium, alleging Loren was exposed to asbestos from defendants’ products or activities when he worked in various construction trades.

Plaintiff now appeals from the grant of summary judgment in favor of four defendants: CalPortland Company (CalPortland), Kaiser Gypsum Company, Inc. (Kaiser Gypsum), J-M Manufacturing Company, Inc. (J-MM), and Formosa Plastics Corporation USA (Formosa), named as an alter ego of J-MM. Plaintiff contends those defendants did not show that plaintiff does not possess and cannot reasonably obtain evidence of exposure to an asbestos-containing product for which defendants are responsible, but even if the burden shifted to plaintiff, the evidence is sufficient to support an inference of exposure. Plaintiff also claims J-MM and Formosa did not establish that Loren was a sophisticated user who knew or should have known of the potential risks and dangers of using J-MM’s asbestos cement pipe.

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