Paul Olds v. 3M Company

Filing 311

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW SUPPORTING JUDGMENT IN FAVOR OF PARKER HANNIFIN CORPORATION signed by Judge Manuel L. Real. (pj)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PAUL OLDS,
Plaintiffs,

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Case No. 2:12-cv-08539-R-MRW

v.
3M COMPANY a/k/a MINNESOTA
MINING & MANUFACTURING
COMPANY, et al.,
Defendants.

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STATEMENT OF
UNCONTROVERTED FACTS AND
CONCLUSIONS OF LAW
SUPPORTING [PROPOSED]
JUDGMENT IN FAVOR OF
PARKER HANNIFIN
CORPORATION

UNCONTROVERTED FACTS
1)

Plaintiff Paul Olds (“plaintiff”) filed a Complaint against Parker

Hannifin Corporation (“Parker”) and other defendants for personal injury,
stemming from plaintiff’s alleged exposure to asbestos during his service in the
United States Air Force.

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Evidence: Plaintiff’s Complaint, at p. 47; Plaintiff’s Response to

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General Order No. 13 Interrogatories, Response No. 26 [Exhibits

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“1” and “5” respectively to the Declaration of Mathew Groseclose

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submitted in support of Parker’s Motion for Summary Judgment

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(“Motion”)].

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18038077v.1

2)

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A reasonable jury could not find that any product manufactured or

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supplied by Parker was a substantial factor in causing plaintiff’s alleged injury, as

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there was an absence of evidence that plaintiff worked with or around any Parker

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product, or otherwise inhaled asbestos-containing dust from any Parker product.

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Evidence: Deposition of Paul Olds, taken on January 16, 2013, at

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pp. 364:1-11, 371:3-12, and 379:1-381:10; Plaintiff’s Initial

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Disclosures, p. 1; Plaintiff’s First Amended Initial Disclosures, p. 1;

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Response to Parker’s Interrogatories, Response No. 9 (Exhibits “7,”

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“2,” and “3” and “6” respectively to the Declaration of Mathew

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Groseclose submitted in support of Parker’s Motion).
3)

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Plaintiff did not show, by deposition testimony or affidavit, that he

possessed, or could reasonably obtain, evidence sufficient to justify his opposition.

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Evidence: Deposition of Paul Olds, taken on January 16, 2013, at

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pp. 364:1-11, 371:3-12, and 379:1-381:10; Declaration of Robert

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Green ¶¶ 14-15.
Based on the foregoing Uncontroverted Facts, the Court now makes its

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Conclusions of Law.

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A fundamental element of any claim for negligence or products liability is

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causation. Setliff v. E.I. DuPont DeNemours & Company, 32 Cal. App. 4th 1525,

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1533 (1988).

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The threshold issue in establishing causation between a manufacturer’s

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product and an alleged work place injury is exposure. Garcia v. Joseph Vince Co.,

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84 Cal. App. 3d 868, 874 (1978).
An injured party must establish that he or she was actually exposed to a

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defendant’s product in order to maintain an action against that party. Garcia v.

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Joseph Vince Co., 84 Cal. App. 3d 868, 874 (1978); Rutherford v. Owens-Illinois,

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Inc., 16 Cal. 4th 953, 976 (1997).

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Once exposure is established, an injured party must prove that the exposure

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was a substantial factor in producing the alleged injury. Lineaweaver v. Plant

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Insulation Company, 31 Cal. App. 4th 1409, 1426-1427 (1995).

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Because a reasonable jury cannot find that Parker manufactured, supplied or

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distributed an asbestos-containing product to which plaintiff was exposed, plaintiff

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cannot prove the fundamental element of causation for all of his claims, and Parker

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is therefore entitled to summary judgment in its favor. Harris v. Owens-Corning

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Fiberglas Corp., 102 F.3d 1429, 1432 (7th Cir. 1996); Benshoof v. National

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Gypsum Co., 978 F.2d 475, 477 (9th Cir. 1992).

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Because plaintiff did not show, by deposition testimony or affidavit, that he

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possessed, or could reasonably obtain, evidence sufficient to justify his opposition,

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a continuance of the Motion is not warranted.

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Judgment shall be entered in favor of Parker in accordance with these
Conclusions of Law.

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UNITED STATES DISTRICT COURT

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Dated: Oct. 24, 2013
HON. MANUEL REAL

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