Attorneys obtained summary judgment and dismissal of defendant, a boiler manufacturer, in an asbestos claim brought on behalf of the spouse of a refinery worker

Attorneys obtained summary judgment and dismissal of defendant, a boiler manufacturer, in an asbestos claim brought on behalf of the spouse of a refinery worker. The plaintiff did not provide any testimony linking defendant to any asbestos exposure until a last minute certification in opposition to defendant's summary judgment motion. Defense attorney argued and the court agreed that the affidavit was a "sham affidavit" since it was inconsistent with the witnesses' deposition testimony and answers to Interrogatories. The court did not consider the affidavit and granted the summary judgment motion following oral argument.