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Case Name Boyle v. Certainteed Corp.
Date 03/10/2006
Note Order for expedited summary judgment for asbestos injury cases based merely on attorney certification is invalid.
Citation 137 Cal. App. 4th 645
WCC Citation WCC 31472006 CA
Facts Plaintiffs are family members of Charles Edward Boyle who died in March 2002, allegedly from mesothelioma due to asbestos exposure. Plaintiffs filed a wrongful death action against CertainTeed Corporation (CertainTeed) and many other defendants. Plaintiffs also addressed the merits at length and submitted deposition transcripts, interrogatory responses, and documents as evidence allegedly showing decedent longshoreman's exposure to asbestos fibers imported by CertainTeed. Instead, CertainTeed insists that plaintiffs waived their challenge to General Order No. 157 by failing to raise the matter adequately in the trial court. Carlton v. Quint (2000) 77 Cal. App. 4th 690, upon which CertainTeed relies, is not to the contrary.

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