Category Archives: Delaware

Roofing Cement Manufacturer Granted Summary Judgment Based on Insufficient Evidence of Exposure Superior Court of Delaware, New Castle, April 4, 2017

Plaintiffs Henry Stowers and his wife Laura Stowers filed suit in the Superior Court of Delaware, New Castle County, alleging that Henry Stowers was exposed to asbestos from various defendants’ products which caused his lung cancer. Stowers, as the plaintiffs’ sole product identification witness, testified that between 1985-87, Stowers was a self-employed roofer. His work included building cabinets and removing/placing old shingles on roofs with new ones. Stowers stated that the new shingles were made by Owens-Corning and Heritage but he was aware of the…

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Plaintiff’s Objections to Magistrate’s Recommendation for Granting Summary Judgment Overruled U.S. District Court for the District of Delaware, March 31, 2017

The plaintiff filed objections to the Magistrate’s recommendation for granting summary judgment, arguing that his expert’s affidavit was enough to create an issue as to material fact. The court began its analysis and stated that its review of objections to a magistrate’s decision are de novo. The issue at heart was the plaintiff’s reliance on the Boyd case to support his claim that the affidavit of his expert, Captain Bulger, established an issue of fact. The court found that the affidavit only “bolstered” was had…

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Plaintiffs Survive Summary Judgment as to Turbine and Valve Defendants; Fail to Establish Exposure to Other Equipment Defendant U.S. District Court for the District of Connecticut, March 31, 2017

The defendants moved for summary judgment arguing that the plaintiff, Paul Paquin, had not established that he was exposed to any asbestos containing product for which the defendants were responsible. The court launched into its analysis with the standard for summary judgment and stated that summary judgment is not appropriate unless “the court determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no such issue warrant judgment.” The parties disputed whether maritime…

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Summary Judgment Recommended for Turbine and Valve Defendants in Mesothelioma Case U.S. District Court for the District of Delaware, March 30, 2017

The plaintiff’s executrix brought this claim against multiple defendants alleging that her decedent, Mr. Denbow, developed mesothelioma as a result of his work in the U.S. Navy onboard the USS New Jersey from 1954-57 and while working at Koppers Chemical from 1965-70. The plaintiff relied upon the testimony of product identification witness Charles Ricker. Although not sure when he met Mr. Denbow, he testified that he met him while working as a machinist mate in engine room Nos. 2 and 4 during his stint on…

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Federal Court Grants Summary Judgment for Automotive Defendant for Lack of Causation U.S. District Court for the District of Delaware, February 16, 2017

Plaintiffs Stephen and Marilyn Charlevoix brought this asbestos-related action against various defendants, including Fiat Allis North America, on July 10, 2015, in the Delaware Supreme Court. They alleged that Stephen Charlevoix developed mesothelioma as a result of naval and occupational exposure to asbestos between 1961 and 1978. During this time, Charlevoix worked as boiler tender, maintenance worker, and equipment installer. Charlevoix also ran his own logging business from the late 1960s up until the filing of the lawsuit at issue. The case was removed to…

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Magistrate Judge Recommends Granting Summary Judgment to Four Defendants Due to Lack of Evidence U.S. District Court for the District of Delaware, February 15, 2017

A report and recommendation was made regarding four summary judgment motions filed by defendants Gardner Denver, Flowserve, Atwood & Morrill Company, and Nash Engineering. The plaintiffs did not respond to any of the motions for summary judgment. The magistrate judge recommended granting all four motions. The plaintiffs originally filed in Delaware state court, alleging that Icom Henry Evans developed mesothelioma due to asbestos exposure while a fireman and boiler tender with the U.S. Navy from 1957-1967. Foster Wheeler removed to federal court. The only fact…

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Expert Affidavit Does Not Create a Question of Fact for Nonmoving Party in Motion for Summary Judgment U.S. District Court for the District of Delaware, February 8, 2017

On February 8, 2017, the United States District Court for the District of Delaware granted Defendants Crane Co., Warren Pumps LL, and Air & Liquid Systems Corporation (Buffalo) separate motions for summary judgment with regards to all causation counts of the plaintiff’s complaint. The plaintiff asserted state law causes of actions against the defendants based on David MacQueen’s (the decedent) employment in the U.S. Navy. The decedent was aboard the U.S.S. Randolph and the U.S.S. Independence from 1956-60. The plaintiff alleged that Crane, Warren, and…

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Plaintiff’s Inconsistent Testimony is an Issue for Trial; Summary Judgment is Denied Superior Court of Delaware, New Castle, January 17. 2017

On January 17, 2017, the Superior Court of Delaware, New Castle denied RCH Newco II LLC’s (Newco) motion for summary judgment. The plaintiff, Jessie Hastings, alleged that he contracted colon cancer as a result of his exposure to Newco’s asbestos-containing product, Galbestos. Galbestos was a material that protected metal and roofing products. Mr. Hastings was the only product identification witness and testified in two depositions. In his first deposition, Mr. Hastings testified that he began working at DuPont’s Chestnut Run facility in 1951-52. He testified…

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No Error in Recommendation of Summary Judgment Where Plaintiffs Failed to Establish Causation U.S. District Court for the District of Delaware, January 9, 2017

Summary Judgment was recommended by the magistrate for the plaintiffs’ failure to establish causation in this case. The plaintiff appealed and contended that his asbestos related disease was a result of exposure to asbestos from Foster Wheeler boilers while working onboard the USS Gridley. The court noted that the standard of review of a magistrate’s report and recommendation is de novo. In this case, no party objected to the application of maritime law. Accordingly, the plaintiff had the burden to show: 1) The plaintiff…

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Defendants’ Motions for Summary Judgment Granted for Lack of Exposure Evidence and Opposition U.S. District Court for the District of Delaware, December 29, 2016

The plaintiffs brought this action against multiple defendants alleging Mr. Evans developed an asbestos related disease as a result of his exposure to asbestos while serving in the U.S. Navy. Mr. Evans alleged that he worked as a fireman and boiler tender on-board the USS Kearsarge from 1957-61 and USS Bole in 1961. Mr. Evans believed that he had been exposed to asbestos from gaskets and refractory products while in the U.S. Navy. Mr. Evans also alleged that he had been exposed to brake dust…

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