Attorneys' received a motion for summary judgment in the representation of a construction company
Attorneys' received a motion for summary judgment in the representation of a construction company in a suit where plaintiff/decedent and his estate sued the construction company as well as a number of contractors, sub-contractors, manufacturers, and premises owners (like owners of refineries) claiming that plaintiff suffered and died from Mesothelioma due to exposure to asbestos-containing products. Plaintiff/decedent was a pipe fitter and welder for over 30 years, and worked at plants and refineries throughout the area. After deposing several product and actor identification witnesses, we filed a Motion for Summary Judgment arguing that (1) any exposure to asbestos while plaintiff was an employee at the construction company is barred by the Workers' Compensation Act; (2) plaintiffs have not established that plaintiff was frequently, regularly, and proximately exposed to asbestos-products attributable to the construction company when he was not an employee of the construction company; and (3) any evidence to the contrary is inadmissible hearsay, insufficient to overcome summary judgment. The judge granted the construction company's Motion for Summary judgment, dismissing it from the case in its entirety.