James Shiffer, et al., v. CBS Corporation
Sep 08, 2015OUTCOME: In favor of represented client - Trial court's granting of summary judgment upheld
In this asbestos case, plaintiffs James Shiffer and his wife sued CBS Corporation, whose predecessor, Westinghouse, provided a turbine set and asbestos-containing insulation for a power plant where Shi ... ffer worked for several months in 1969 and 1970. The trial court granted summary judgment to CBS. We affirm. Plaintiffs failed to produce evidence raising a triable issue that Shiffer suffered bystander exposure to Westinghouse asbestos while at the plant. The trial court also properly denied plaintiffs' motions for reconsideration and a new trial, because evidence of potential harm from re-entrainment of asbestos was not new and could have been presented in opposition to the original summary judgment motion.
