Recent Results


       • Summary Judgment Granted For General Contractor

       • Summary Judgment Granted For Painting Contractor

       • Summary Judgment Granted in Personal Injury Case





Summary Judgment Granted For General Contractor

Associate Elizabeth Branham and partner Florence McClain recently obtained summary judgment for the firm's client, a general contractor, in a personal injury mesothelioma asbestos case.  Plaintiff, a 78-year-old former electrician, claimed he was exposed to asbestos when WFBM's client cleaned up materials in plaintiff's presence at job sites.  WFBM challenged causation because plaintiff could not identify the brand name or manufacturer of the materials its client's employees allegedly cleaned up in plaintiff's presence.  The San Francisco Superior Court agreed and granted WFBM's client summary judgment, thereby dismissing WFBM's client from the case. 

Summary Judgment Granted For Painting Contractor

Partner Ian Dillon obtained summary judgment for the firm's client, a painting contractor, in a mesothelioma personal injury case venued in San Francisco Superior Court.  The plaintiff, a career electrician, claimed that he saw the client's employees at various jobsites in the 1960s and 1970s sanding an unknown brand of joint compound in his presence.  Based on the information elicited during discovery, WFBM filed a motion for summary judgment on the grounds that the plaintiff could not identify the brand of joint compound he saw the client's employees sand, and therefore, plaintiff could not establish that the joint compound contained asbestos.  In opposition, plaintiff submitted a declaration of an expert industrial hygienist stating that asbestos free joint compounds did not become widely available until the late 1970s, and that the joint compound sanded by the client's employees more likely than not contained asbestos.  The court was not persuaded by plaintiff's argument and granted WFBM's client summary judgment thereby dismissing plaintiff's complaint against the firm's client.

Summary Judgment Granted in Personal Injury Case

Associate Hillary H. Huth and partner Ian P. Dillon recently obtained summary judgment for the firm's client, a manufacturer of circuit board components, in a personal injury mesothelioma asbestos case.  Plaintiff, a 79 year-old woman who had worked as a circuit board assembler in the 1960s, claimed that the client had supplied asbestos-containing circuit board component parts to her employer.  Plaintiff produced documents indicating that the client may have at some time supplied some materials to her employer.  However, there was no evidence to indicate when the alleged sales were made, what products were sold, where they were used, or how they were used.  WFBM argued that plaintiff had failed to produce evidence supporting her claims against the client.  The Court agreed and found that that plaintiff did not have, and could not reasonably obtain, evidence to show that she was exposed to asbestos from a product manufactured, sold, or distributed by the client.