The trial court erred in granting defendant summary judgment on plaintiff’s products liability claim that she contracted mesothelioma from asbestos in defendant’s Cashmere Bouquet talcum powder product. One of plaintiff’s experts testified that each of the three mines from which defendant accepted talcum powder for its product was contaminated by asbestos, and so the product was as well. It was no fatal failing that plaintiff no longer had samples of the talcum powder she had used decades before, since her expert’s testimony showed that all the talcum powder used in the product was contaminated with asbestos.
California Court of Appeal, First District, Division Three (Pollak, J.); October 19, 2017; 2017 WL 4683772.