Ganoe

Plaintiffs Rose Marie Ganoe et al. appeal the trial court’s order granting summary judgment in favor of defendant Metalclad Insulation Corporation (Metalclad). The decedent in this wrongful death action was diagnosed with mesothelioma and sued multiple corporate defendants for exposing him to asbestos at his workplace. Metalclad moved for summary judgment based on (1) plaintiffs’ factually devoid discovery responses, (2) a statement by the decedent’s coworker that he had “never heard of’ Metalclad, and (3) a statement by Metalclad’s person most knowledgeable that Metalclad had never performed work at the decedent’s workplace.

Metalclad subsequently produced a document showing that it had performed work at the decedent’s workplace. In response, plaintiffs amended their discovery responses, citing to specific facts linking Metalclad to the decedent’s exposure to asbestos. Nevertheless, the trial court granted summary judgment for Metalclad. The plaintiffs now argue that defendant did not meet its burden of proof as the moving party on summary judgment, and that plaintiffs have raised triable issues of material fact. We agree and reverse.

FACTUAL AND PROCEDURAL…