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Civil Procedure Keyed to Counsellor, 3rd Ed.
Celotex Corp. v. Catrett
Citation:
477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2D 265 (1986)Facts
In September 1980, Myrtle Nell Catrett filed a wrongful death action against fifteen corporations, including Celotex, alleging that her husband’s death in 1979 resulted from exposure to asbestos products manufactured or distributed by the defendants. After a year of discovery, Celotex moved for summary judgment, arguing that Catrett had failed to produce any evidence that her husband had been exposed to Celotex’s asbestos products. In response, Catrett produced three documents: a transcript of her husband’s deposition, a letter from his former employer, and a letter from an insurance company, all suggesting exposure to Celotex products in Chicago during 1970-1971. Celotex argued these documents were inadmissible hearsay. The District Court granted summary judgment for Celotex, finding no showing of exposure to Celotex products. The Court of Appeals reversed, holding that Celotex had not met its initial burden because it had not submitted evidence negating exposure.
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