MOTION FOR SUMMARY JUDGMENT

SET FOR HEARING ON THURSDAY, APRIL 17, 2008 LINE 12. DEFENDANT LESLIE CONTROLS, INC.'S MOTION FOR SUMMARY JUDGMENT is denied for failure to shift the burden of proof. Defendant has failed to demonstrate that plaintiff is unable to prove its case of exposure to a Leslie product containing asbestos placed on the product by Leslie. Decedent's testimony related to the Ranger creates a reasonable inference that the Leslie product was original equipment and the record reflects evidence that Leslie valves contained asbestos. Defendant's interrogatory 17 by the use of the phrase "original or replacement" fails to require plaintiff delineate what evidence plaintiff has to prove either that decedent was exposed to original equipment or replacement equipment.
The motion for summary adjudication is denied as to issues 1 and 2 for failure to shift the burden of proof. It is granted as to issues 3, 4 and 5. Plaintiffs' general responses fail to set forth facts est