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BCRS Wins Appellate Victory for CalPortland

The California Court of Appeal has affirmed BCRS' trial court victory on behalf of CalPortland Company.  BCRS attorneys Bob Berkes, Steve Crane and Barbara Hodous represented defendant CalPortland in this asbestos injury action. 

Plaintiff Loren Collin alleged he had contracted mesothelioma from exposure to asbestos and asbestos-containing products of more than 20 defendants, including CalPortland, over the course of his decades long career as a carpenter and general contractor.  BCRS won a motion for summary judgment in the trial court in Sacramento, on the grounds that the evidence established Collin had not been exposed to CalPortland asbestos-containing products and that Collin had failed to establish a triable issue of fact that he had been exposed.  Plaintiffs appealed.

In a published opinion, Collin v. CalPortland Company, et al., case no. C063875 (available here) the California Court of Appeal (Third Appellate District) affirmed the judgment in favor of CalPortland.  CalPortland made only a single asbestos-containing product for a thirteen year period decades ago.  The Court held that CalPortland had met its burden to show there was no evidence of Collin being exposed to CalPortland's one asbestos-containing product because his testimony and discovery responses in the trial court established that the only CalPortland product he could identify was its non-asbestos-containing product.  The Court of Appeal further held that the judgment in favor of CalPortland should be affirmed because Collin failed to raise a triable issue of fact as to whether he had been exposed to the CalPortland asbestos-containing product.

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