On January 12, 2007 a Motion-Secondary was filed involving a dispute between Boudreaux, Charles, Boudreaux, Deborah, and Advocate Mines Limited, Advocate Mines, Ltd, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Borg-Warner Corporation, Borgwarner, Inc.,, Borgwarner Morse Tec, Inc., Buffalo Pumps, Inc., Cbs Corp., Cbs Corporation, Cbs Corporation, A Delaware Corporation, Crane Co., Csk Auto, Inc. (Individually And D B A "Checker, Daimlerchrysler Corp., Daimlerchrysler Corporation, Does 1-300, Durco International, Inc., Flowserve Corp,, Flowserve Corporation F K A The Duriron Company,, Ford Motor Company, Foster Wheeler Energy Corporation, Foster Wheeler Llc, Garlock Sealing Technologies, Llc, General Electric Company, General Motors Corporation, Georgia-Pacific Llc,, Georgia-Pacific, Llc, Hanson Permanente Cement, Inc. Fka Kaiser Cement, Honeywell International, Inc., Honeywell International Inc.,Fka Alliedsignal,Inc., Imo Industries Inc., Imo Industries, Inc. (Individually And As Sii To, Ingersoll-Rand Company, Kaiser Gypsum Company, Inc., Plant Insulation Company, Rinker Materials Corporation, Sepco Corporation, The Pep Boys Manny, Moe & Jack Of California, Thorpe Insulation Company, Union Carbide Corporation, for civil in the District Court of San Francisco County.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
HASSARD BONNINGTON LLP ROBERT M. HAMBLETT, ESQ.. State Bar No. 111685 MARK C. DAVIS, ESQ., State Bar No. 165779 ELECTRONICALLY Two Embarcadero Center, Suite 1800 FILED San Francisco, California 94111-3993 Superior Court of Californie, felephone: (418) 268-9800 County of San Francisco ax: (418) 288-980 OCT 09 2007 Attomeys for Defendant GORDON PARK-LI, Clerk KAISER GYPSUM COMPANY, INC. BY ALISOWAGBAY IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO, UNLIMITED JURISDICTION CHARLES AND DEBORAH No. CGC-07-274029 BOUDREAUX, DEFENDANT KAISER GYPSUM Plaintiffs, COMPANY, INC.’S MEMORANDUM OF POINTS AND AUTHORITIES IN vs. SUPPORT OF MOTION FOR SUMMARY JUDGMENT ADVOCATE MINES, LTD etal., Defendant. pl Judge: Hon. Peter Busch Complaint Filed: January 12, 2007 Trial Date: November 13, 2007 1. INTRODUCTION A. Complaint Contentions Plaintiffs bring this personal injury and loss of consortium action alleging that plaintiff CHARLES BOUDREAUX (‘plaintiff’) sustained personal injuries as a result of his exposure to asbestos. (see Separate Statement of Undisputed Facts “Facts,” Fact No. 1). Plaintiffs’ Complaint contends that defendant Kaiser Gypsum Company, Inc. caused plaintiff to be exposed to asbestos at some point during the course of his life (Fact No. 2). 1 DEFENDANT KAISER GYPSUM CO. INC’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT PaWdoes\HBMAIN\00088100277100247577.00C-10007B. Plaintiff's Discovery Responses Establish That He Will Not Be Able To Prove The Foregoing Contentions 4. In Response To Interrogatories Requiring Plaintiff To Identify The Manufacturer Of Asbestos Products To Which He Claims Exposure, Plaintiff Provided Information Devoid Of Any Reference To Kaiser Gypsum In response to Standard Asbestos Case Personal Injury Interrogatories Set Two, Interrogatory No. 1 requiring plaintiff to “DESCRIBE” (ie. to identify, inter alia, the manufacturer of) any asbestos product to which he claims exposure, the response is entirely devoid of information pertaining to Kaiser Gypsum (Fact No. 3). The omission is significant because it effectively admits to exposure to any Kaiser Gypsum product (see Plaintiff's Responses Standard Asbestos Case Personal Injury Interrogatories, Set Two, Interrogatory No. 1 at Exhibit B to Declaration of Mark C. Davis). 2. In Deposition, Plaintiff Disavowed Knowledge Of Any Possible Exposure To A Kaiser Gypsum Product Moreover, during his deposition, plaintiff disavowed knowledge of any possible exposure to a Kaiser Gypsum product. In particular, although plaintiff claimed to have heard of Kaiser Gypsum, he did not recall if he associated the name with any product. 550 20 __, We're going to ask you some questions about some 21 companies. And the first one | want to ask you about is 2 Raiser “Gypsum. Have you ever heard of that company before? A. I've heard of it. 25 G. Okay. Do you associate any -; any products or 1 services with that name? 2 A. Not that | recall. Likewise, plaintiff admitted that he could not recall if he ever worked with or around a Kaiser Gypsum product. 2 DEFENDANT KAISER GYPSUM CO. INC’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT PaWdoes\HBMAIN\00088100277100247577.00C-10007551 Q. Thank you. Do you have any knowledge that you 4 ever worked with or around any products manufactured or 5 distributed by the company Kaiser Gypsum? 6 A. |don'trecall. Furthermore, Plaintiff admitted that he knew of no witnesses with any information as to whether he ever worked with or around a Kaiser Gypsum product. 551 _Q. Do you know anybody that you Could talk to. who ighi have ‘any information that you ever worked with or around any products manufactured or disinbuted by Kaiser sum? A. | do not, no.