![]() The Court explained there was no special category for a corporate representative witness in the Evidence Code, only expert and lay witness. The Court reversed the trial court order granting summary judgment, holding that a defendant’s designated corporate representative produced for deposition and in supporting affidavits required the personal knowledge of a non-expert witness pursuant to the rules of evidence. However, the Court of Appeal found the trial court abused its discretion by relying on the declaration of Avon’s person most knowledgeable and ruled the declaration and documents were inadmissible based on lack of foundation, lack of personal knowledge and hearsay. ![]() The trial court granted Avon’s motion for summary judgment finding the affirmative evidence in Avon’s person most knowledgeable declaration shifted the burden and that plaintiffs’ evidence did not create a triable issue regarding the asbestos content or asbestos exposure from Avon products. The motion relied on the declaration of Avon’s designated person most knowledgeable, stating Avon never used asbestos in its products, required suppliers to provide asbestos-free talc and had internal programs to ensure the talc was asbestos-free. (“Avon.”) used by Alicia and her daughter from the mid-1970’s to 2007.Īvon brought a motion for summary judgment on the grounds that plaintiffs could not prove Avon’s products contained asbestos. Plaintiffs Alicia and Fermin Ramirez filed a personal injury complaint in Los Angeles Superior Court against multiple entities alleging Alicia Ramirez developed mesothelioma as a result of exposure to asbestos from various sources, including contaminated talcum powder from Avon Products, Inc. ![]() California’s Second District Court of Appeal recently reversed a trial court’s decision granting the defendant’s motion for summary in judgment in a personal injury case alleging asbestos exposure, based on the credibility of a corporate representative with limited personal knowledge of the case.
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