In this federal court case, the plaintiff alleged he was exposed to asbestos in various products through the course of his employment in the 1960s and 1970s. He specifically alleged asbestos exposure from working with gaskets manufactured by Excelsior Packing & Gasket Company and Goodyear Tire & Rubber Company while serving in the Navy from 1970 to 1975 aboard the U.S.S. Surfbird and U.S.S. Hector. On both ships, the plaintiff’s duties included replacing gaskets on pumps, valves, and boilers. He testified to changing flange gaskets …
Continue ReadingAuthor: Jason A. Botticelli
Valve Manufacturer Granted Summary Judgment Under Maritime Law Where it May Have Recommended, But Did Not Provide, Asbestos-Containing Flange Gaskets
In this federal court case, it is alleged that the decedent, Thomas Dandridge, was exposed to asbestos while working as a pipefitter and coppersmith at the Charleston Naval Shipyard from 1965 to 1976. It was claimed that the decedent was exposed to asbestos from a variety of products, including flange gaskets used to link Crane Co. valves to pipe lines. The case was originally brought in the court of common pleas in Charleston County and was later removed federal court, where Crane moved for summary …
Continue ReadingTwo Rulings From MDL Allow Previously Dismissed Asbestos Claims to Proceed Against Various Ship Owners Despite Previous Dismissed Actions Not Listed as Assets in Bankruptcy
In a follow-up to six cases previously reported on in ACT, two more cases were decided in the United States District Court for the Eastern District of Pennsylvania. Both cases had started in the Northern District of Ohio, and were transferred to the MDL 875 in the Eastern District of Pennsylvania. In both cases, the plaintiffs brought claims against various ship owners represented by Thompson Hine LLP, and all alleged asbestos exposure while working on ships. All cases were administratively dismissed; after dismissal, the plaintiffs …
Continue ReadingGranting of Summary Judgment Upheld on Appeal; Court Rules Time to File Suit Began with Prior Diagnosis of Asbestosis Based on Virginia Statute of Limitations
The plaintiff in this case alleges that the decedent, Vincent Gatto, was exposed to asbestos while self-employed as a brick mason in Virginia. The decedent was diagnosed with asbestosis in 2003 and then with mesothelioma in 2010. The action was filed in 2011. Following the close of discovery, several defendants moved for summary judgment “based upon the Virginia statute of limitations, Va. Code Ann. § 8.01-243(A), which requires that an action for personal injury must be brought within two years after the cause of action …
Continue ReadingIn Case Where Steamfitter Worked on its Premises, Owner Denied Summary Judgment Based on the Wisconsin Safe Place to Work Statute
In yet another follow-up decision in the Ahnert case out of Wisconsin federal court, Pabst Brewing Company moved for summary judgment. As previously reported, Foster Wheeler was granted summary judgment, but insulation contractor, Sprinkmann Sons Corp. was denied summary judgment based on the Wisconsin statute of repose. The decedent was a union Steamfitter from 1955 to 1992 and claimed exposure to asbestos while working on Pabst’s premises. In its motion, Pabst argued that there was no evidence that decedent was exposed to asbestos from …
Continue ReadingPrior Release Found Inadequate to Dismiss Future Jones Act/FELA Claims Based on Development of Mesothelioma
In this NYCAL case, the Maritime Asbestos Legal Clinic originally filed a suit in 1997 on behalf of the decedent, Mason South, in the Northern District of Ohio. The decedent served in the Merchant Marines from 1945 to 1982. Less than two months later the case settled, with Texaco Inc. being one of the settled defendants. In 2014, the decedent was diagnosed with and died from complications related to mesothelioma. In 2015, the decedent’s wife commenced another action under the Jones Act arising from her …
Continue ReadingValve Manufacturer Granted Summary Judgment under Maritime Law Based on Lack of Causation
In this federal court action, it is alleged that the decedent, Richard Bell, was exposed to asbestos during his service in the Navy where he served on the USS Franklin D. Roosevelt from 1961 to 1962. Velan Valve Corp. moved for summary judgment asserting maritime law.
The plaintiff did not oppose the application of maritime law. The court went on to analyze the application of maritime law and found it applied in the case. The court then went on to grant Velan summary judgment, stating …
Continue ReadingPreviously Dismissed Federal Maritime Case Against Ship Owners on Personal Jurisdiction Grounds Subsequently Dismissed in NYCAL; Court Finds There Was No Tolling of Statute of Limitations
In this NYCAL decision, it was alleged that the decedent, Eugene Quinlan, was exposed to asbestos and developed lung cancer from his work as a career merchant mariner. The case was originally filed in 1997 in the Northern District of Ohio for a non-malignant asbestos disease. The decedent subsequently developed lung cancer and the case was assigned to the MultiDistrict Litigation (MDL), which included the Maritime Docket cases (MARDOC), and laid dormant for seventeen years. In 2014, the case was assigned to the Eastern District …
Continue ReadingDecedent’s Incomplete Testimony Found Sufficient to Overcome Summary Judgment as Pump Manufacturer Should Have Re-noticed His Deposition to Question Him Prior to His Death
In this NYCAL case, it is alleged that the decedent, Warren Taveniere, was exposed to asbestos while working aboard several vessels as a Merchant Marine for Moore McCormack Lines from 1953 to 1955. The plaintiff’s interrogatory responses included Aurora Pump Company and at his deposition, the decedent testified that he used asbestos-containing gaskets and packing on Aurora pumps. After four hours the deposition was adjourned due to the decedent’s failing health and Aurora’s counsel had not yet had the opportunity to question him. The decedent’s …
Continue ReadingZadroga Bill Passes, Provides Financial Support for Veterans with Mesothelioma and 9/11 First Responders
Congress has approved two programs that will provide financial support for those who were sickened following the terrorist attacks on 9/11 on the World Trade Center and those veterans who have been diagnosed with mesothelioma as a result exposure to asbestos during their service.
The funding bill is valued at $1.1 trillion and has been enacted as the “James Zadroga 9/11 Health and Compensation Reauthorization Act.” The funding provided by the bill will be available for the next 75 years, giving the illness plenty of …
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