Judge: Laura A. Seigle, Case: 20STCV41615, Date: 2022-09-06 Tentative Ruling

Case Number: 20STCV41615    Hearing Date: September 6, 2022    Dept: 15

[TENTATIVE] ORDER RE MOTIONS IN LIMINE

Plaintiffs’ MIL No. 1

            Plaintiffs move to exclude evidence of Robert Strangman’s smoking history as irrelevant and prejudicial.  Plaintiffs argue he smoked only a few times in 1971 or 1972.  Defendant argues the evidence is relevant to the cause of his illness, the failure to warn allegations, live expectancy, and damages.

The motion is granted as to argument that smoking evidence is relevant to the failure to warn claims.  Defendant did not show that smoking cigarettes (which are highly addictive) is similar to working with or using asbestos-containing products (unlikely to be highly addictive), such that the evidence has any probative value regarding whether the decedent would have followed warnings about products containing asbestos. 

            The motion is otherwise denied as the evidence may be relevant to the other issues.

            The motion is granted in part and denied in part without prejudice to objections at trial.

Defendant’s MIL

            Because summary judgment was granted for Defendant Fryer-Knowles, Inc., this motion is moot.

            The moving party is to give notice.