Gordon & Rees Miami partners Ari C. Shapiro and Daniel A. Garcia won summary judgment on behalf of their client, a prominent automotive parts supplier, in Broward County Circuit Court.
The plaintiffs sued the defendant alleging damages arising from the plaintiff’s purported exposure to asbestos and asbestos-containing products from automotive mechanic work involving products sold by the defendant.
After taking numerous depositions, the defendant established that the plaintiffs could not prove that (1) the defendant failed to exercise reasonable care with respect to any product(s) that allegedly caused the plaintiff’s harm or that such failure was the proximate cause of the plaintiff’s harm, (2) the defendant made an express warranty applicable to the product(s) that allegedly caused the plaintiff’s harm, that the product(s) failed to conform to the warranty, or that the failure of the product(s) to conform to the warranty caused the plaintiff’s harm, or (3) the defendant engaged in intentional wrongdoing that caused the plaintiff’s harm.
Thereafter, based on the aforementioned evidence, the defendant filed a Motion for Summary Judgment. After extensive oral argument at a hearing on the matter, the court concluded that there were no triable issues of material fact as to any of the plaintiffs’ causes of action and granted the defendant’s Motion for Summary Judgment in its entirety.