Barlotta v. American Honda Motor Co., Inc.

Summary

The Appellate Division, First Department affirmed the denial of American Honda Motor Co., Inc.'s motion for summary judgment in an asbestos-exposure action. The court held that Honda did not unequivocally establish that its vehicles could not have contributed to the decedent's injury and that the plaintiffs' evidence raised a triable issue of fact regarding asbestos exposure from Honda vehicles.

Holdings

1. AHM was not entitled to summary judgment because it failed to unequivocally establish that its product could not have contributed to the decedent's injury.

Questions Presented

1. Whether AHM established as a matter of law that its vehicles could not have contributed to the decedent's asbestos-related injury.
2. Whether the plaintiffs' testimony and interrogatory responses raised a triable issue of fact concerning the decedent's exposure to asbestos from AHM vehicles.

Disposition

affirmed