Los Angeles Office Secures Summary Judgment for Electric Company Client in Asbestos Lawsuit

Los Angeles, Calif. (July 22, 2025) - Los Angeles Partner Rod Cappy recently obtained summary judgment for his electric company client in a lawsuit brought by an electrician who claimed he developed mesothelioma in part due to exposure to asbestos-containing products distributed by the client.

The plaintiff filed his lawsuit in October 2024, alleging that he developed mesothelioma due to occupational exposure to asbestos and asbestos-containing products sold by a slew of companies during his career as an electrician, first in the U.S. Navy from 1964-1967 and then in private industry from 1967-2001. He claimed that he was exposed to asbestos-containing electronic products distributed by Lewis Brisbois’ client to two of his employers. The plaintiff’s demand as to the client was in the mid-six figures.

In May 2025, Mr. Cappy filed a motion for summary judgment on the client’s behalf, arguing that the plaintiff’s discovery responses were devoid of any specific facts that support his allegation that he was exposed to an asbestos-containing product for which the client was responsible. Significantly, during the relevant time periods, the client distributed some products that did contain asbestos and others that did not, and the plaintiff could not recall which of the client’s products he used at his various worksites.

A Los Angeles Superior Court judge agreed with Mr. Cappy’s arguments and granted the motion for summary judgment. The judge held that the evidence, at best, established the mere possibility that the plaintiff was exposed to an asbestos-containing product sold by Mr. Cappy’s client, “as opposed to any other distributor of parts” to the plaintiff’s employers. Accordingly, the plaintiff failed “to present sufficient evidence to create a triable issue of material fact” as to the plaintiff’s exposure to an asbestos-containing product for which the client was responsible.