Berry v. Crown Cork & Seal Co.

James Berry worked at the Puget Sound Naval Shipyard in 1942 and from 1945 to 1950. He died of mesothelioma, which is caused by exposure to asbestos products. His estate and surviving spouse sued Saberhagen Holdings, Inc., alleging that its predecessor, Charles R. Brower Company, supplied the asbestos-containing products to the shipyard. The trial court granted Saberhagen’s motion for summary judgment on the basis that the evidence on which plaintiffs relied — a 1984 affidavit, 1984 deposition, and 1993 trial testimony, each provided by the same fact witness — clearly contradicted each other.…