Category: Case Decisions

California / Case Decisions / Summary Judgment
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California Court Relies on Absence of Evidence in Plaintiff’s Discovery Responses to Affirm Summary Judgment for Defendant Fluor

A husband and wife sued numerous defendants after the husband was diagnosed with asbestosis in 2011. Defendant Fluor moved for summary judgment, which the court granted, on the basis that the plaintiffs failed to establish a triable issue of fact that the plaintiff was exposed to asbestos from Fluor products. The appellate court affirmed.

The plaintiffs alleged the husband was exposed to a variety of asbestos-containing products during his work with Southern California Gas Company from the 1950s-90s. In response to discovery from Fluor, the …

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Case Decisions / FELA / Illinois / Summary Judgment
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Railroad Company Obtains Summary Judgment on Appeal Based on Inadmissible Expert Report

The plaintiff in this case brought a wrongful death action against the Illinois Central Railroad Company pursuant to the Federal Employer’s Liability Act (FELA) for the death of her husband, Charles Jackson, Jr., who had worked on the railroad. Illinois Central’s motions for summary judgment, to strike the plaintiff’s expert, Michael J. Ellenbecker, were denied. Illinois Central’s petition for an interlocutory appeal was granted.

In its review, the court found that Ellenbecker’s opinions submitted in opposition of the motion for summary judgment was inadmissible since …

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Case Decisions / New Jersey / Summary Judgment
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Plaintiff’s Failure to Accurately Identify Brand Name of Insulation Product During Deposition Results in Summary Judgment for Manufacturer

The plaintiff alleges he contracted mesothelioma as a result of his exposure to asbestos-containing products while working as a cleaner at New York Shipbuilding and Drydock Company in Camden, New Jersey, and as a rigger at Sun Ship Yard in Chester, Pennsylvania. The plaintiff testified that he was exposed to asbestos-containing insulation and the only insulation manufacturers identified by the plaintiff were Owens-Corning Fiberglass Corporation and Johns-Manville.

During his deposition, the plaintiff was shown the Owens-Illinois “Kaylo” insulation label and testified that he did not …

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Case Decisions / Illinois / Maritime/Admiralty Law / Summary Judgment
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Applying Maritime Law, Plaintiff Unable to Provide Sufficient Evidence Linking Decedent to Any John Crane Product

In this federal court case it was alleged that the decedent, Richard Bell, was exposed to asbestos while serving on the USS Franklin D. Roosevelt from 1960-64.  Defendant John Crane Inc. moved for summary judgment, arguing that maritime law applies and the plaintiff’s evidence fails to prove that decedent was exposed to any of its asbestos-containing products or that the products were a substantial factor in decedent’s lung cancer.

The plaintiff did not oppose the application of maritime law.  The court spelled out that for …

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Case Decisions / Federal Officer Jurisdiction / Illinois
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Federal Court Grants Remand to Madison County Based on Plaintiff’s Waiver of Any Claims Related to His Military Service

In this case, the plaintiff originally filed the action in the Third Judicial Circuit, Madison County, Illinois alleging exposure to asbestos as an aircraft mechanic, helicopter mechanic, and laborer at various locations throughout the United States between 1958 and 2006. The plaintiff’s work on helicopters was while he served in the U.S. Army.  Defendant Boeing removed the case to federal court based on the federal officer removal statute. The plaintiff moved for a remand based on his previously filed waiver of all claims related to …

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Case Decisions / Ohio
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Ohio Appellate Court Affirms Jury’s Verdict Entitling Widow to Worker’s Compensation Benefits After Husband Died of Lung Cancer Allegedly Due to Asbestos Exposure at General Motors

The plaintiff commenced this case after the Ohio Bureau of Workers’ Compensation denied her request for widow’s benefits of her late husband, who died from lung cancer allegedly due to asbestos exposure while working at General Motors. General Motors argued that the decedent’s long-time smoking habit of one to two packs of cigarettes per day  was the sole cause of his lung cancer. The jury found that the plaintiff was entitled to participate in the Ohio Workers’ Compensation Fund because: (1) the decedent was exposed …

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Case Decisions / New York / Summary Judgment
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New York Court Addresses Jurisdiction, Product Identification, and Duty to Warn Issues in Denying Valve Manufacturer’s Summary Judgment

The plaintiff developed mesothelioma and asserted asbestos exposure to valves from Fisher Controls International LLC through his work in various states, including New York.  Fisher moved for summary judgment and dismissal of various counts if its summary judgment was denied. The court denied the summary judgment, but granted dismissal of certain counts because these were unopposed.

First, Fisher argued that the New York court lacked both general and specific jurisdiction, because it only learned of the plaintiff’s nine-month occupational history in New York when plaintiff …

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Case Decisions / Statute of Limitations / Washington
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Decedent’s Failure to Bring Personal Injury Claims for Known Asbestos Injuries Within Statute of Limitations Period During His Lifetime Barred Wrongful Death Suit

The decedent died of several asbestos related diseases in 2011; he was diagnosed with these diseases in 2003. The plaintiff brought a wrongful death claim against manufacturers and distributors of asbestos containing products, and the defendants moved for summary judgment, arguing that the plaintiff could not bring a wrongful death claim because the decedent failed to bring a personal injury claim within three years of discovering his asbestos-related diseases. The trial court granted summary judgment, and the appellate court affirmed.

The plaintiff argued that a …

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Case Decisions / New Jersey / Summary Judgment
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State Claims Against Railroad Defendants Preempted by Federal Law, Even If Operator of Locomotives Not Subject to Federal Regulation

The decedent was diagnosed with mesothelioma and alleged take-home asbestos exposure from the work of her father with defendant Port Authority Transit Corporation (PATCO) and also alleged exposure from her father’s personal automotive work. The decedent’s father repaired and maintained air brake systems on PATCO’s locomotives. Railroad defendants (Delaware River Port Authority, Railroad Friction Products Corporation, Thyssenkrupp Budd Company, Pneumo-Abex) moved for summary judgment, arguing that plaintiff’s claims were preempted by federal law. The district court granted this motion, ruling that federal legislation and precedent …

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Case Decisions / Summary Judgment / Virginia
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Plaintiff’s Reliance on Precluded Expert Report Results in Dismissal of Action

The plaintiff brought this case alleging that his asbestosis and mesothelioma was caused by asbestos exposure during his employment with United States Navy. Several defendants were dismissed from the action, leaving electrical component manufacturer, Westinghouse as the sole remaining defendant, against whom plaintiff claimed exposure to asbestos from arc chutes contained in Westinghouse electrical products. Prior to the current motion for summary judgment, Westinghouse served several motions seeking to preclude certain portions of plaintiff’s proof, including the expert report and opinion of the plaintiff’s causation …

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