Gregorio
Gregorio v. Rust-Oleum Corp. CA4/3
Opinion
Opinion
Fybel, J.
INTRODUCTION
Anthony Gregorio died of leukemia in 2007. Anthony‟s widow, Anne Gregorio,1 contends Anthony developed leukemia as a result of work-related exposure to chemical products, including, but not limited to, two specific products manufactured by Rust-Oleum Corporation (Rust-Oleum). Rust-Oleum filed a motion for summary judgment, arguing Anne could not prove Anthony‟s exposure to Rust-Oleum‟s products; exposure is a necessary component of causation in a toxic tort case. The trial court granted the motion; Anne appeals. We conclude that the evidence Anne offered in opposition to the summary judgment motion raised a triable issue of material fact as to Anthony‟s exposure to the Rust-Oleum products identified by Anne in the second amended complaint. We therefore reverse.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
Anthony worked as a tool and die maker and manager at Instrument Specialties Company, Inc. (Instrument Specialties), from 1987 through 1997. From 1997 through 2005, Anthony worked as a production manager for Interplex Nascal, Inc. (Interplex). From 2005 through 2006, he was a tool and die department manager at Qualtek Manufacturing, Inc. (Qualtek). At each place of…