California Mesothelioma Victims

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OTHER ASBESTOS EXPOSURE SOURCES:     

Product labels are not hearsay, cancer victim’s family tells California Appeals court

In a mesothelioma case Judge Amy D. Hogue granted a summary judgment in the favor of the company. The plaintiffs were the surviving members of the family of Donald Smalley who was a shade-tree mechanic who died due to mesothelioma. According to the family members of Donald the illness resulted from his exposure to asbestos fibers which were used as an ingredient in the products made by the defendant company, Pueumo Abex LLC.

The family members of Donald sued the company in Los Angeles County Superior Court. According to the family members the braking products of the Alex Company contained the harmful asbestos fibers. The evidence that was given in the support of his disease was the product label which indicated the use of asbestos. The two sons of Donald namely: Michael and Mitchell also testified that they can recall that their father went to auto repair supply shops and bought Alex products from the same.

According to his sons they saw Donald using the brakes in Alex labeled boxes. The defendant company said that the family members of Donald were not able to prove anything as the only evidence used by them to prove the connection of their products with Donald’s disease was his children’s testimony which should be an inadmissible hearsay. The judge agreed that one cannot be accused on the basis of its product labeling. In addition to this she characterized that the testimony of children cannot be sufficient to prove product identification.
She also said that in a case of DiCola v. White Bros. Performance Products, 158 Cal. App. 4th 666 (Cal. Ct. App., 4th Dist. 2008), it was said that the company cannot be accused only on the basis of package containing the product. The judge gave the judgment in favor of the company. The plaintiffs appealed to the California 2nd District Court of Appeal. The family members are demanding that Michael and Mitchell’s testimony should have been admitted.