Horvitz & Levy LLP achieved another successful result for its clients in this latest round of a coordinating proceeding that has been ongoing for over 20 years. Plaintiffs are former and current employees of Lockheed Corporation in what is referred to as Group 9 of this coordinated proceeding. They sued Lockheed and multiple chemical manufacturer and supplier defendants, seeking damages for personal injuries allegedly caused by occupational exposure to chemicals. By the time Group 9’s claims were set for trial, the only remaining defendants were Exxon Mobil and Union Oil Co. of California, dba Unocal. Before trial, the trial court excluded plaintiffs’ general causation expert because plaintiffs missed a deadline for exchanging their expert witness information. The exclusion of plaintiffs’ causation expert resulted in a defense summary judgment.
Plaintiffs appealed from the summary judgment and Horvitz & Levy represented the defendants on appeal. The Court of Appeal (Second Appellate District, Division Three) affirmed the judgment in an unpublished opinion by Justice Kitching. The Court of Appeal held that substantial evidence supported the court’s finding that plaintiffs unreasonably failed to timely serve their expert disclosure information, and that the trial court acted within its discretion by excluding the testimony under Code of Civil Procedure section 2034.300.