Hart

Hart v. Keenan Props., Inc.

Good Law
239 Cal. Rptr. 3d 896·29 Cal. App. 5th 203
Court of Appeal of CaliforniaOctober 26, 2018A152692California5,390 words

Opinion

Lead Opinion

Jones, J.

*204 Keenan Properties, Inc. ("Keenan") appeals from the judgment in an asbestos-related personal injury case. Frank C. Hart ("Mr. Hart") and *205 Cynthia Hart ("Mrs. Hart") (collectively, "the Harts") sued Keenan and other entities alleging Mr. Hart developed mesothelioma as a result of exposure to asbestos-containing products. The jury found Keenan supplied pipes that exposed Mr. Hart to asbestos. This finding was based on a foreman's testimony regarding invoices purporting to show Keenan supplied asbestos-cement pipes to a worksite in McKinleyville, California in the 1970s. We conclude this testimony was based on inadmissible hearsay, and there was no other evidence Keenan *898 supplied the pipes. Accordingly, we reverse the judgment against Keenan.

FACTUAL AND PROCEDURAL HISTORY

Mr. Hart suffers from mesothelioma, which is caused by exposure to asbestos. Mr. Hart worked in construction as a pipe layer, and, since 1985, he was a foreman of pipe layers.

The McKinleyville Jobsite

From September 1976 to March 1977, Mr. Hart worked in McKinleyville, and his job involved cutting asbestos-cement pipe. In McKinleyville, Mr. Hart worked for Christeve Corporation ("Christeve"). The…

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