Gordon & Rees Miami partners Ari C. Shapiro and Daniel A. Garcia and senior counsel Eric Thompson won another summary judgment on behalf of their client, a prominent automotive parts supplier, this time in the Broward County Circuit Court (Ft. Lauderdale).
Plaintiffs sued Defendant alleging damages arising from Plaintiff’s purported exposure to asbestos and asbestos-containing products from “shade tree” automotive mechanic work involving products sold by Defendant. Plaintiffs asserted that Defendant failed to exercise reasonable care with the products that caused Plaintiff’s injury, Defendant made an express warranty applicable to the products sold which did not conform to the warranty, and/or that Defendant’s intentional wrongdoing caused Plaintiff harm.
After undertaking considerable discovery, Defendant established that Plaintiff could not have purchased any specific type of product(s) from Defendant at the locations where Plaintiff testified. Thereafter, Defendant filed a Motion for Summary Judgment arguing that Plaintiffs could not establish that they used any automotive replacement parts purchased from Defendant.
Based on the evidence Defendant put forth in support of their Motion, the Court concluded that there were no triable issues of material fact as to any of their causes of action.
After extensive oral argument at a hearing on the matter, the Court granted Defendant’s Motion for Summary Judgment in its entirety.