Gibbons v. Johnson & Johnson Consumer Inc.Annotate this Case
Plaintiff and her spouse filed suit alleging that the Shower to Shower cosmetic powder and Johnson's Baby Powder plaintiff used for two decades were contaminated with asbestos and a substantial factor in causing her mesothelioma.
The Court of Appeal affirmed the district court's grant of summary judgment in favor of JJCI, holding that JJCI's expert's declaration -- that JJCI's talcum powder and the talc from its source mines did not contain asbestos -- shifted the burden to plaintiff to produce evidence of threshold exposure to asbestos from JJCI's products. The court also held that plaintiff failed to demonstrate the existence of a triable issue of fact as to the presence of asbestos in the JJCI talc products plaintiff used. In this case, plaintiff failed to present expert testimony to counter JJCI's expert's opinion, and failed to offer verified admissions or interrogatory answers by JJCI.