Category: Summary Judgment

Mesothelioma
Illinois / Summary Judgment
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Ceramic Manufacturer’s MSJ Granted Because Plaintiff Failed to Establish Defendant’s Duty to Warn

U.S. District Court for the Northern District of Illinois, Eastern Division, June 25, 2021

Plaintiff Deborah Johnson alleges that her late husband, Bruce Johnson, contracted mesothelioma due to his exposure to asbestos. The defendant, Edward Orton, Jr. Ceramic Foundation, moved for summary judgment, which the court granted.

The plaintiff alleges that Orton was negligent for failing to warn or protect the decedent from the risk of asbestos in its product. Because the plaintiff failed to raise any questions of fact regarding the existence of a …

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Maritime/Admiralty Law / Pennsylvania / Summary Judgment
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Two Defendants Obtain Summary Judgment Due to Insufficient Evidence as Required by Applicable Law

U.S. District Court for the Eastern District of Pennsylvania, June 15, 2021

As previously reported by Asbestos Case Tracker, the plaintiff alleges that the decedent Richard Nybeck developed lung cancer following occupational exposure to asbestos. Defendants Ford Motor Company (Ford) and defendant, Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc. (Buffalo) filed motions for summary judgment. The allegations as Ford stem from the decedent’s work during high school at his father’s gas station in Michigan. As to Buffalo, the …

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Summary Judgment
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Brake Grinding Machine Manufacturer Granted Summary Judgment on Lack of Product Nexus

Superior Court of Delaware, New Castle

In this asbestos action, plaintiff Shelley Droz alleged that decedent Eric Droz developed mesothelioma after being exposed to asbestos from using an AMMCO brake arcing machine and grinder. Defendant Hennessey moved for summary judgment, arguing that the plaintiff had not established that the decedent was exposed to asbestos from products attributable to Hennessey. The plaintiff contended that the process of grinding brake drums and linings manufactured by three distinct companies was a dusty process, which was dusty “to such …

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Mississippi / Motion for Reconsideration / Summary Judgment
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Brake Manufacturer’s Grant of Summary Judgment Upheld on Reconsideration Due to Lack of Causation

U.S. District Court for the Southern District of Mississippi, Southern Division, June 9, 2021

The plaintiffs, William and Karla Dickens, allege that William Dickens developed mesothelioma due to his exposure to asbestos-containing products during automotive mechanical work. The plaintiffs sued multiple defendants, including Ford Motor Co. (Ford). Ford moved for summary judgment in two motions, seeking to dismiss the substantive and punitive damage claims against it. The court determined that there was insufficient evidence of asbestos causation and granted summary judgment. The plaintiffs moved for …

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New York / Summary Judgment
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Floor Tile Manufacturer Denied Summary Judgment Due to Issues of Fact

Supreme Court of New York, New York County, May 19, 2021

Defendant The Goodyear Tire & Rubber Company filed a motion for summary judgment pursuant to CPLR 3212 arguing that the only product manufactured by defendant which matches plaintiff Pietro Camiolo’s (the decedent) description of the alleged asbestos product he worked with, never contained asbestos, and that there is no evidence that any Goodyear brand floor tile with which decedent may have worked actually contained asbestos. The plaintiffs oppose the motion.

The court noted that …

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New York / Summary Judgment
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Flooring Manufacturers’ Summary Judgment Reversed due to Question of Fact on Causation

Supreme Court of New York, Appellate Division, Second Department, May 26, 2021

The plaintiff, Victoria Pistone, and her husband, suing derivatively, brought this asbestos action against American Biltrite, Inc. and Mannington Mills, Inc., among other defendants. The defendants moved separately for summary judgment based on a lack of causation. Judge George R. Peck granted summary judgment. The plaintiffs appealed.

The plaintiff alleged that exposure to asbestos caused her to develop peritoneal mesothelioma. She claimed she was exposed to the defendants’ flooring products from approximately 1973 …

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Appeal / New York / Summary Judgment
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Denial of Summary Judgment Affirmed as to Fireproofing Contractor

As previously reported by the Asbestos Case Tracker, Judge Manuel Mendez, former NYCAL coordinating judge, denied defendant Mario & DiBono Plastering Co., Inc.’s (M&D) motion for summary judgment. M&D appealed this decision. The Appellate Division noted that the court properly denied M&D’s smmary judgment motion since it failed to unequivocally establish that the materials it used could not have contributed to plaintiff’s injury. Moreover, the court noted that in light of the decedent’s testimony, which M&D submitted in support of it motion, identifying the …

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New York / Summary Judgment
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Wire and Cable Company’s Motion for Summary Judgment on Causation Denied

Supreme Court of New York, New York County, May 11, 2021

The plaintiff alleged that the decedent, Alvin Smith, was exposed to asbestos from skinning, stripping, and pulling asbestos-containing wire and cable manufactured by the defendant, Ericsson, Inc.’s predecessors, Anaconda Wire & Cable Company and Continental Wire & Cable Company, at various locations throughout his career. Mr. Smith testified during his deposition that he was exposed to asbestos dust during his work with these products. Ericsson moved for summary judgment arguing that the plaintiff failed …

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California / Summary Judgment
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Steam Trap Manufacturer Granted Summary Judgment; No Liability for Third-Party Component Parts

U.S. District Court for the Northern District of California, May 20, 2021

In this asbestos action, the plaintiffs allege that Mr. Toy (the decedent) worked with asbestos-containing steam traps and strainers manufactured by Armstrong from 1974 until 1980. Defendant Armstrong moved for summary judgment on the causation issue, and the plaintiffs opposed the motion. Of relevance to this motion, the decedent testified that he did not open the steam traps to perform maintenance on the internal components. Instead, he removed flange gasket material from between …

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New York / Summary Judgment
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Premise Owner Denied Summary Judgment due to Issues of Fact

Supreme Court of New York, New York County, May 10, 2021

Before the court is defendant National Grid Generation LLC d/b/a National Grid’s motion for summary judgment, pursuant to CPLR 3212, for a finding in favor of National Grid on the grounds that there is no merit to the allegations in the plaintiff’s complaint against National Grid, and there are no triable issues of fact against National Grid. 

By way of background, this matter arises from Alvin Smith’s (the decedent) diagnosis of malignant mesothelioma, which the …

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