Mesothelioma victims are eligible for compensation from the corporations responsible for their illness, but those who pursue justice often endure a rollercoaster of disappointments and victories before they finally get justice. A California woman sickened by asbestos in talcum powder is a perfect example of the highs and lows of personal injury claims: her case against Avon was dismissed by a trial court judge in March of 2021, but was recently revived by the Court of Appeal.
Woman’s Mesothelioma Blamed on Asbestos in Avon Products
Alicia Ramirez and her husband Fermin filed a personal injury lawsuit against Avon Products, Inc. after she was diagnosed with malignant mesothelioma. She used Avon’s Imari and Elusive brands of talcum powder every day from the mid-1970s through 2007, and her daughter also used Avon talcum products in the bathroom that the two shared.
In response to her mesothelioma claim, Avon filed a motion for summary judgment, and Los Angeles Superior Court Judge David S. Cunningham III granted it based on a declaration by an Avon employee who had only come to work for the company in 1994. The company’s vice president of global innovation, research, and development, Lisa Gallo, offered statements she said were based on her investigation and personal knowledge. She also provided documents that were prepared by other Avon employees.
Appeals Court Agrees with Mesothelioma Victim that Evidence was Hearsay
When the trial court judge granted summary judgment and dismissed the claim against Avon based on Ms. Gallo’s testimony, the mesothelioma victim and her husband filed an appeal with the California Court of Appeal for the Second District. The appeals court reversed the lower court’s decision, noting that the state’s Evidence Code does not provide for testimony by ‘corporate representative’ witnesses who had conducted an ‘independent review,’ and that as an Avon employee, Ms. Gallo was a party to the action. They also said that the company-prepared documents were hearsay.
The court took particular issue with Avon’s assertion that it was unfair for Gallo’s testimony to be inadmissible on behalf of the company but admissible as evidence against them. In response, Presiding Justice Maria E. Stratton wrote, “What Avon is in effect suggesting is that if a party deposes a corporate entity, the corporate entity is no longer bound by the rules of evidence at any subsequent trial or hearing. This is simply nonsense.” The Ramirezes will be able to pursue their claim against the cosmetic company.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, you may be eligible to seek justice against those responsible. For more information, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
