Teruel-Armstrong v. Borg-Warner Morsetec, Inc.
Viviana Teruel-Armstrong and others appeal summary judgments in favor of Borg-Warner Morsetec, Inc. (Borg-Warner), and Volvo Cars of North America, LLC (Volvo), in a wrongful death action arising from exposure to asbestos. The trial court ordered the exclusion of plaintiffs sole product identification witness after he failed to timely search for and produce documents demanded in a deposition subpoena. The court subsequently awarded summary judgment in favor of Borg-Warner and Volvo based on plaintiffs inability to prove that the decedent was exposed to the defendants products. Plaintiffs contend the trial court had no authority to impose an evidence sanction for a third party deponents purported failure to comply with a deposition subpoena and had no authority to do so on an ex parte application without a noticed motion.
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