Frank Kruse v. Vanderbilt Minerals, LLC, F/k/a R.t…

Summary

The court reversed a summary judgment for Vanderbilt in a wrongful-death asbestos case because the trial court granted judgment on the ground that Vanderbilt's talc lacked asbestos, even though Vanderbilt's motion challenged only product identification and exposure. The court held that the motion did not shift the burden on asbestos content and that, viewing the evidence favorably to Kruse, substantial evidence created a genuine issue whether Dansby was exposed to Vanderbilt-supplied talc. The court did not decide whether that exposure was a substantial factor in causing Dansby's mesothelioma. No separate opinions were filed.