Foley Mansfield Team Secures Summary Judgment for Client in Asbestos Matter

A Foley Mansfield team, including Los Angeles Partners Thomas Scully and Angie Kim, successfully handled a Motion for Summary Judgment on behalf of their client, Warren Rupp, in a personal injury case related to alleged asbestos exposure. Angie Kim wrote the motion which was then argued by Thomas Scully.

The 71-year-old plaintiff developed mesothelioma, an incurable disease which has historically been linked to asbestos. The plaintiff alleged his diagnosis was caused, in part, by exposure to asbestos from Foley Mansfield’s client’s pumps following his service in the United States Coast Guard in the 1970s. Plaintiff’s wife also asserted a claim for loss of consortium. In response, the team filed a motion for summary judgment on several grounds, including that there was no evidence the pumps contained asbestos. The plaintiff filed an opposition attempting to create a trial issue of fact, which included an expert declaration. The declaration was based on alleged “new information” and provided opinions that conflicted with the expert’s prior report and deposition testimony.

The court rejected the plaintiff’s arguments and granted the motion, entering judgment in favor of Warren Rupp without having to go to trial. Because the Foley Mansfield team had the foresight to serve a CCP Section 998 Offer to Compromise offering dismissal in exchange for a waiver of costs, the client now has the right to recover all costs.