Osceola Heath, Bonnie Heath v. Asbestos Companies, et al.
Published: Mar. 12, 2016 | Result Date: Feb. 16, 2016 | Filing Date: Jan. 1, 1900 |Case number: CGC-15-276452 Summary Judgment – Defense
Facts
Plaintiffs sued defendant asbestos companies for negligence, strict liability and loss of consortium.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Osceola Heath suffered from mesothelioma, a fatal cancer caused by exposure to asbestos. They claimed that defendants, as the manufacturers, sellers, suppliers, distributors, installers, or removers of asbestos-containing products, were responsible, negligently or in some other actionable manner, for what happened to Heath and plaintiffs' resultant injuries. They asserted causes of action for negligence, strict liability and loss of consortium.
DEFENDANT'S CONTENTIONS:
M. Slayen and Associates Inc. contended it was entitled to summary adjudication because plaintiffs failed to present evidence that it acted with malice, oppression or fraud, and because it was a service provider, who did not manufacture, supply or distribute any products or equipment.
Result
The court granted Slayen and Associates' unopposed motion for summary adjudication on plaintiffs' strict liability cause of action and claim for punitive damages.
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