Harris

Filed 9/2/21; Opinion following rehearing

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

BETH HARRIS et al., Plaintiffs and Appellants,

A153106

v. THOMAS DEE ENGINEERING (Alameda County CO., INC., Super. Ct. No. RG14725868) Defendant and Respondent.

In this asbestos case, Beth Harris and her children (Plaintiffs) appeal the trial court’s grant of summary judgment in favor of defendant Thomas Dee Engineering Company (Thomas Dee). We conclude that the trial court erred in its evaluation of an expert declaration submitted by Plaintiffs in opposition to Thomas Dee’s motion and that there is a triable issue whether Thomas Dee’s refractory work on a United States Navy ship exposed decedent Michael Harris to asbestos. Accordingly, we reverse the grant of summary judgment.

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part III. 1 In a separate order filed the same day, the trial court granted summary

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