Gregorio

Gregorio v. Rust-Oleum Corp. CA4/3

Good Law
Court of Appeal of CaliforniaApril 19, 2013G046533California3,498 words

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…

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