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Curtis, ABB, Asbestos & Mesothelioma

ASBESTOS, MESOTHELIOMA, CANCERCurtis, ABB, Asbestos & Mesothelioma: A case in the United States Court of Appeals, Ninth circuit ruled on an appeal of summary judgment.

The Curtis, ABB, Asbestos & Mesothelioma case documents what many repairing electrical equipment may face today after past potential asbestos exposure –  mesothelioma.

A brief summary of the facts include:

  • Plaintiff failed to raise a triable issue of fact that Curtis was exposed to asbestosreleased from Defendants’ products.
  • Prior to his death, Curtis testified in his deposition that he could visually identify the Defendants’ products, and the asbestosin their electrical components by their color and swirl designs.
  • Curtis testified that he would inhale asbestos released from Defendants’ electrical components when he repaired and sanded them. He further testified that he repaired Defendants’ products over the years “many, many times,” “too many to count.”
  • The district court also erred in finding that Curtis “clarified” that the work he performed was confined to cleaning and sanding the metal portions of Defendants’ electrical components which did not contain asbestos.
  • Although Curtis gave arguably inconsistent deposition testimony on this point, such testimony is not conclusive against him at summary judgment.

The court ruled:  Reversing.  To find out more on the case, see Case No. 13-56976– November 13, 2015.

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