Category Archives: Case Decisions

No New Facts Alleged in Plaintiff’s Motion for Reargument; Reargument Denied Superior Court of Delaware, May 11, 2017

On February 2, 2017 the Superior Court of Delaware granted defendant Georgia Southern University Advanced Development Center’s (Herty) motion for summary judgment. The plaintiffs since filed a motion for reargument and reconsideration of that order. Dorothy Ramsey alleged that Herty, a manufacturer of an asbestos paper product, negligently failed to warn her of the risks of take-home asbestos exposure due to her husband’s workplace exposure from 1976-80. The plaintiff alleged that Herty’s failure to warn of the danger was a proximate cause of the decedent’s…

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Ford Granted Summary Judgement in Two Automotive/Tractor Cases in Delaware Superior Court of Delaware, May 10, 2017

Ford was granted summary judgment in two matters pending in the Superior Court of Delaware. First, plaintiff Paul Norris brought suit against Ford Motor Company alleging that he developed an asbestos related disease as a result of his occupational and non-occupational exposure to asbestos while performing work on Ford brakes, clutches, and gaskets. The plaintiff started working on his father’s farm in 1960, which included work on a Ford tractor. The plaintiff testified that the new brakes and clutches used for his tractor work were…

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Decedent’s Work Falls Outside Wisconsin’s Statute of Repose; Summary Judgment Denied U.S. District Court for the Eastern District of Wisconsin, May 11, 2017

This matter stems from a series of filings. In 2010, plaintiffs Daniel and Beverly Ahnert filed an asbestosis claim on February 25, 2010. That case was transferred to Multidistrict Litigation in the Eastern District of Pennsylvania. Two and a half years later, Beverly Ahnert, as the executrix of the estate of Danial Ahnert, filed a new complaint in the Easter District of Wisconsin alleging that Daniel Ahnert passed away as a result of an asbestos related disease. This matter deals with defendant Sprinkmann Sons, Inc.…

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Compound Manufacturer’s Directed Verdict Reversed Appellate Court of Illinois, First District, Second Division, May 9, 2017

The estate of decedent Ronnie Startley filed a complaint against multiple defendants, including Welco Manufacturing Company, alleging that the defendants’ products caused the decedent to contract mesothelioma. All defendants except Welco either were dismissed or settled with plaintiffs prior to trial. Welco proceeded to trial. After trial, the trial court directed a verdict in favor of Welco, holding that there was not sufficient evidence to create an issue of material fact as to whether the use of Welco’s products caused the decedent to develop mesothelioma.…

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Prior Maryland Rulings Relied Upon in Denying Remand U.S. District Court of Maryland, May 5, 2017

The plaintiffs moved to remand after defendant Crane Co. removed to federal court. The court denied the plaintiff’s motion without oral argument. Decedent John Dugger served in the United States Navy during the 1960s and died of mesothelioma; the plaintiffs filed suit after his death. The plaintiffs alleged Crane manufactured and sold rope and valves to the Navy. Crane removed on the basis of the government contractor defense, and in support submitted affidavits from three individuals. Defendants may remove to federal court if it establishes…

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Coke Ovens are Real Property and Not Subject to Product Liability Theories Supreme Court of the State of New York, May 5, 2017

Defendant Honeywell International, Inc., successor in interest to Wilputte Coke Oven Division of Allied Chemical Corporation, appealed from an order denying its motion for summary judgment. The plaintiff sought damages for injuries sustained by decedent Donald Terwilliger from asbestos exposure and coke oven emissions while employed at Bethlehem Steel in Lackawanna, New York. The court reversed and granted Honeywell’s motion. Honeywell was sued as the successor to Wilputte Coke Oven Division of Allied Chemical, the designer and builder of five coke oven batteries at Bethlehem…

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Missouri Appeals Court Affirms $10M Punitive Damage Award Against Valve Manufacturer Missouri Court of Appeals, Eastern District, May 2, 2017

Jeannette G. Poage, the plaintiff, filed a products liability suit against defendant Crane Co. in the Circuit Court of the City of St. Louis, alleging that her husband, James E. Poage, suffered personal injuries and wrongful death from mesothelioma, which was caused from Mr. Poage’s work with the defendant’s products. Mr. Poage served in the U.S. Navy from 1954-58 as a machinist on the USS Haynesworth where he helped maintain the valves on the ship that required replacing gaskets and packing. The plaintiff alleged that…

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$3M Judgment Affirmed Finding Sufficient Evidence to Show Specific Causation Against Cement Supplier Supreme Court of New York, Appellate Division, Fourth Judicial Dept., April 28, 2017

On March 22, 2017, in the Supreme Court of New York, Oneida County, a $3M judgment was awarded to plaintiff Nicholas Dominick for injuries sustained due to exposure to asbestos associated with the defendants’ products. The defendants appealed from the judgment entered upon a jury verdict finding the plaintiff was exposed to asbestos from products supplied by the defendants, that they failed to exercise reasonable care by not providing a warning about the hazards of exposure to asbestos with respect to their products, and that…

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Employer Found to Have Duty to Prevent Reasonably Foreseeable Injuries in Take-Home Exposure Case U.S. Court of Appeals for the Eleventh Circuit, April 26, 2017

Barbara Bobo was diagnosed with malignant pleural mesothelioma in 2011. Her husband, James Bobo, worked for the Tennessee Valley Authority (TVA) from 1975-1997 as a laborer and labor foreman, primarily at the Browns Ferry Nuclear Plant in Athens, Alabama. Mr. Bobo was previously diagnosed with asbestos-induced lung cancer but passed away from a heart attack in 1997. Mrs. Bobo passed away in 2013 from mesothelioma, and prior to her death, she filed a lawsuit against TVA and eight other defendants alleging “take-home” asbestos exposure, from…

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Plaintiff’s Motion to Voluntarily Dismiss Denied with Respect to Two Defendants Superior Court of Rhode Island, April 20, 2017

The plaintiff filed for voluntary dismissal in order to re-file in the State of Pennsylvania. Various defendants had filed motions to dismiss for lack of personal jurisdiction. Two defendants, Evenheat Kiln and Sargent Art, objected to the plaintiff’s motion to dismiss without prejudice. The court denied the plaintiff’s motion to dismiss with respect to Evenheat and Sargent. The case had progressed through the discovery phase, and the plaintiff was deposed over six days. Evenheat never contested jurisdiction in Rhode Island. After discovery, both Evenheat and…

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