Foglia v. Moore Dry Dock Co. CA1/2
Plaintiffs Sandra Foglia, individually and on behalf of the estate of Ronald Foglia (decedent), Michael Foglia and Annette Rackley appeal the summary judgment entered against them on their wrongful death claim against defendant Moore Dry Dock (MDD), based on the allegation that decedent developed mesothelioma after secondary exposure to asbestos brought home by his father, Felix Foglia (Father) from Father’s work at a shipyard operated by MDD.
MDD moved for summary judgment claiming it owed no duty of care to decedent for secondary exposure and that plaintiffs did not have and could not reasonably obtain evidence to show that decedent was exposed to asbestos from the clothing and person of Father as a result of Father’s employment at MDD from 1942 to 1945. The trial court granted summary judgment, ruling the evidence was not sufficient to support a reasonable inference that Father was exposed to asbestos at MDD
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