Turley v. Familian Corp.

*971Plaintiffs husband and wife sued for asbestos-related injury against numerous defendants, including defendant Familian Corporation. Familian moved for summary judgment on the basis that plaintiffs could not show exposure to asbestos in a Familian-related product. Plaintiffs' opposition included a declaration from a third party witness who had not been deposed, who testified in detail to such exposure. The trial court then continued the motion, allowed the witness to be deposed, and Familian then used portions of the deposition in support of its reply. The trial court thereafter concluded that…