(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.)
E. Universal Fails to Negate Decedent’s Asbestos Exposure from 1981 to 1982
Universal in its motion makes no mention of Tina Gomez’s alleged exposure to asbestos when David Plaza worked at the Universal-owned and operated West Facility from 1981 to March 1982. Universal admits that it owned and operated the West until March 1, 1982. The West Facility Sublease between Universal and Unity confirms this because the lease term began on March 1, 1982. Universal shows no lack of proof that, assuming it exposed Tina Gomez to asbestos from 1981 to March 1982, such exposure in reasonable medical probability was a substantial factor in increasing the risk of her developing the mesothelioma that killed her.
Universal submits no evidence to the contrary. First, Universal provides no franchise agreement for the West Facility. Second, Universal’s former employees, Richard Leevers and Edwin Ferguson, and Custodian of Records, Linda Snowball, do not recall ever seeing such a franchise agreement. Third, paragraph seven of the Leevers Declaration is based on the hearsay statements of Jeff Gordon, rather than from Mr. Leevers’ personal knowledge. .
Fourth, Betty McElroy’s declaration is inadmissible as hearsay and entirely based on her cursory search of Universal’s employment records regarding David Plaza. Finally, nowhere in its separate statement does Universal reference any purported facts in the McElroy Declaration. (See Part 12 of 14.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.