Category Archives: Summary Judgment

Illinois Appellate Court Reverses Verdict Based on Defendant Being Precluded from Introducing Alternative Exposure Evidence Appellate Court of Illinois, Fourth District, July 30, 2015

In this Illinois case, the plaintiff claimed at that he was exposed to asbestos at property owned by the defendant. At trial, the defendant sought to introduce into evidence other substantial asbestos exposure at a different unrelated facility. The defendant’s argument was that the other, more substantial exposure was the sole proximate cause of the plaintiff’s asbestosis, not the minimal asbestos exposure at defendant’s facility. After a lengthy discussion of Illinois’ case law on proximate cause and burden, the appellate court decided the trial court…

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Willful and Wanton Claim Dismissed in Asbestos Case U.S. District Court for the Eastern District of North Carolina, Western Division, July 27, 2015

In this case, the plaintiff worked as an auto mechanic and performed brake work in the 1960s and 1970s.  Defendant Genuine Auto Parts moved for summary judgment, seeking to dismiss the plaintiff’s claim for willful and wanton conduct. The plaintiff opposed the motion, essentially pointing to the general state of knowledge as to the hazards of asbestos, but failed to offer any evidence that Genuine Auto Parts consciously made a decision to sell asbestos-containing products with knowledge of the decision. The dismissal of the claim…

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Brake Manufacturer Obtains Dismissal of Claims of Willful and Wanton Conduct U.S. District Court for the Eastern District of North Carolina, Western Division, July 27, 2015

In this federal court case, the plaintiffs alleged exposure to asbestos from a variety of automotive parts while working as mechanics’ helper, maintenance laborer, inspector, construction worker, and salesman, in addition to automotive maintenance work performed on his own personal vehicles and those of his family. The defendant, brake manufacturer Genuine Parts, moved for summary judgment to dismiss the plaintiffs’ claims that it committed false representation and fraud regarding the dangers of asbestos exposure. The plaintiffs opposed, offering among other things historical documents, an expert…

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Brake Manufacturer Obtains Dismissal of Claims of Willful and Wanton Conduct U.S. District Court for the Eastern District of North Carolina, Western Division, July 27, 2015

In this federal court case, the plaintiffs alleged exposure to asbestos from a variety of automotive parts while working as mechanics’ helper, maintenance laborer, inspector, construction worker, and salesman, in addition to automotive maintenance work performed on his own personal vehicles and those of his family. The defendant, brake manufacturer Genuine Parts, moved for summary judgment to dismiss the plaintiffs’ claims that it committed false representation and fraud regarding the dangers of asbestos exposure. The plaintiffs opposed, offering among other things historical documents, an expert…

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Crane Co. Granted Summary Judgment in Two California Federal Court Cases U.S. District Court for the Southern District of California, July 23, 2015 and U.S. District Court for the Central District of California, July 21, 2015

In two separate decisions, Crane Co. was granted summary judgment on different grounds in two federal court cases. In the first, a Southern District case, Crane moved on the grounds that the plaintiffs could not show that the decedent, Michael Walashek, was exposed to asbestos from any of its products. In support of its motion, Crane relied on the plaintiffs’ interrogatory responses where they failed to identify any specific documents supporting the claimed exposure against Crane. In granting the motion, the court held that Crane…

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Georgia Court Dismisses Negligent Failure to Warn Claim Against Local Vendor, But Not Manufacturer Court of Appeals of Georgia, July 16, 2015

In this case, the plaintiff claimed she was exposed to asbestos through laundering her father’s clothing. There was testimony that her father worked with insulated piping manufactured by CertainTeed Corp. and supplied by a local vendor, Davis Meter and Supply Company. The lower court granted summary judgment to CertainTeed and Water Applications Distribution Group, the successor to Davis Meter and Supply, claiming that there was no duty to warn. On appeal, the Court of Appeals of Georgia held that there were factual issues regarding CertainTeed’s…

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California Court Rejects Plaintiffs’ Expert Opinion and Grants Railroad Summary Judgment Under FELA on Lack of Causation Court of Appeal of California, Second Appellate District, Division Four, June 24, 2015

In this California case, the decedent was allegedly exposed to asbestos while working for a railroad as a switchman, conductor, and brakeman, later developing mesothelioma. Specifically, the decedent claimed exposure was from changing railcar brake shoes, being in the vicinity of insulation removal from refrigerator cars, and staying in a boarding house run by the railroad that had insulation-covered pipes in the room where he slept. The defendant railroad moved for summary judgment, arguing “that plaintiffs were required but failed to prove negligence under FELA,…

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General Electric Granted Summary Judgment on the Bare Metal Defense Under Maritime Law U.S. District Court for the District of New Jersey, June 24, 2015

The plaintiff commenced this action by claiming he was exposed to insulation on General Electric products while in the U.S. Navy. GE moved for summary judgment on three grounds: the government contractor defense, the bare metal defense under maritime law, and on no evidence of GE actually furnishing the component parts. The court ruled that maritime law — rather than New Jersey law — governed the case. The court only addressed the bare metal defense, ruling that GE was entitled to summary judgment: “The Court…

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Valve Manufacturer Granted Summary Judgment on Appeal Because Salvage/Demolition Not Foreseeable Use of Product NYCAL, June 9, 2015

In this NYCAL case, the plaintiff alleged that his development of peritoneal mesothelioma was a result of his exposure to asbestos in the 1980s from dismantling and salvaging scrap metal from steam systems in vacant buildings. The lower court denied the motion for summary judgment by the defendant, valve manufacturer Powell Company. On appeal, the appellate division addressed whether dismantling constitutes a reasonably foreseeable use of a product and reversed the lower court’s decision. In its ruling, the court looked at rulings in other jurisdictions…

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Turbine Manufacturer’s Motion for Summary Judgment Denied on Statute of Repose; Gasket Manufacturer’s Motion Granted for Lack of Product ID U.S. District Court for the Eastern District of Wisconsin, June 9, 2015

In this federal court case, the decedent, Charles Nuutinen, is alleged to have been exposed to asbestos while working as a pipefitter from 1959 through 1996 at various jobsites in Wisconsin, including the Point Beach Nuclear Power Station. The defendant, CBS, the entity responsible for turbine manufacturer Westinghouse Electric Corporation, moved for summary judgment on the Wisconsin statute of repose and gasket manufacturer John Crane moved for lack of product ID. The court denied CBS’ motion, but granted Crane’s motion. CBS argued, and the plaintiff…

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