Category Archives: Washington

Under Maritime Law, Expert Opinion on Likelihood of Exposure to Original Asbestos Alone Still Insufficient to Establish Causal Connection U.S. District Court, Western District of Washington, March 2, 2015

In this case, the defendant, Lockheed, moved for reconsideration of the prior decision from the U.S. District Court for the Western District of Washington that there was sufficient evidence establishing a causal link between original asbestos allegedly installed by Lockheed and decedent John McCrossin’s asbestos exposure. In accordance with five decisions out of the Eastern District of Pennsylvania, the court recognized that under maritime law an expert affidavit alone of likely exposure to original asbestos is insufficient to establish a causal connection. However, the court…

Continue Reading....

Superseding Cause, Strict Liability, and Government Contractor Defense Analyzed in Motion for Summary Judgment U.S. District Court for the Western District of Washington, February 23, 2015

The plaintiff in this Washington federal court case alleged that the decedent, John McCrossin, was exposed to asbestos from a variety of products, including boilers, while serving in the Navy.  Defendant Fraser’s, which maintained that it only assembled boilers, moved for summary judgment raising superseding cause, strict liability, and government contractor arguments. The court found an issue of fact on all of the arguments and denied summary judgment. On the superseding cause, defense the court held: “In sum, Fraser’s has presented no evidence that, if…

Continue Reading....