Ganoe v. Metalclad Insulation Corp. CA2/3
227 Cal. App. 4th 1577
| Cal. Ct. App. | 2014Background
- Ganoe worked at the Goodyear Tire & Rubber plant from 1968 to 1979 and was diagnosed with mesothelioma in 2010.
- Plaintiffs allege exposure to asbestos from Metalclad insulation work at Goodyear, leading to wrongful death and survival claims.
- Metalclad moved for summary judgment on grounds of (a) factually devoid discovery responses, (b) a coworker’s statement that he never heard of Metalclad, and (c) a KMN’s statement that Metalclad hadn’t performed work at Goodyear.
- Metalclad later produced a 1974 document showing insulation work at Goodyear; plaintiffs amended discovery responses linking Metalclad to exposure.
- The trial court granted summary judgment, finding no triable issues of fact and that Metalclad had met its burden.
- Plaintiffs appeal, arguing genuine issues of material fact exist and Metalclad did not meet its initial burden.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Metalclad meet its initial burden for summary judgment? | Ganoe | Metalclad | No; court erred in finding initial burden met |
| Are triable issues of material fact raised by plaintiffs? | Ganoe | Metalclad | Yes; plaintiffs raised triable issues |
| Did belated discovery disclosures affect the ruling on summary judgment? | Ganoe | Metalclad | Yes; the new evidence undermined the moving party’s burden |
Key Cases Cited
- Andrews v. Foster Wheeler LLC, 138 Cal.App.4th 96 (Cal. Ct. App. 2006) (boilerplate responses can shift burden if devoid of facts)
- McGonnell v. Kaiser Gypsum Co., 98 Cal.App.4th 1098 (Cal. Ct. App. 2002) (negative recall of defendant name insufficient alone)
- Weber v. John Crane, Inc., 143 Cal.App.4th 1433 (Cal. Ct. App. 2006) (negative recall cannot prove nonexposure; need broader evidence)
- Scheiding v. Dinwiddie Construction Co., 69 Cal.App.4th 64 (Cal. Ct. App. 1999) (de novo review standard for summary judgment)
- Aguilar v. Atlantic Richfield Co., 25 Cal.4th 826 (Cal. 2001) (burden shifting in summary judgment with moving party's prima facie showing)