Summary Judgment Denied to Honeywell and Granted to Foster Wheeler under Washington Law

WASHINGTON – On December 12 and December 16, 2019, the United States District Court for the Western District of Washington issued summary judgment decisions for defendants Honeywell International, Inc. Honeywell and Foster Wheeler Energy Corporation respectively, in the Estate of Rudie Klopman-Baerselman matter. In brief, the court denied summary judgment to Honeywell, and granted summary judgment to Foster Wheeler.

The plaintiff alleged that the decedent, Rudie Klopman-Baerselman, was diagnosed with mesothelioma as a result of his alleged exposures to asbestos while performing automotive maintenance work …

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Application of Seven Lockwood Factors Creates Issues of Material Fact; Summary Judgment on Product Liability Claim Denied

WASHINGTON – The latest development in a case extensively covered by Asbestos Case Tracker finds the Western District of Washington denying defendant Pneumo Abex LLC’s motion for summary judgment.

This matter was filed on behalf of the decedent, Rudie Klopman-Baerselman, in the Pierce County Superior Court on October 27, 2017 and removed to United States District Court. The plaintiff alleged that the decedent was exposed to asbestos through his maintenance work on vehicles, including friction work, from approximately 1966 to 1997, as well as through …

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Court Grants Summary Judgment for Valve Manufacturer due to Plaintiff’s Failure to Establish Causation

WASHINGTON – In a case extensively covered by the Asbestos Case Tracker, the court granted the summary judgment motion of defendant, Crosby Valve LLC. The decedent, Rudie Klopman- Baerselman, alleged that he developed mesothelioma as a result of exposure to asbestos through his work as a merchant mariner aboard several vessels. The defendant argued that there was no evidence that the decedent was exposed to asbestos from a Crosby valve and that there is no evidence that asbestos from a Crosby Valve product was …

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Pump Defendant Granted Summary Judgment Based on Lack of Proximate Exposure

WASHINGTON – In a case extensively covered by the Asbestos Case Tracker, the court granted the summary judgment motion of pump defendant Ingersoll-Rand. Rudie Klopman-Baerselman, the decedent, alleged that he developed mesothelioma as a result of exposure to asbestos through his work on equipment while he served in the Merchant Marines. As proof of exposure, the plaintiff had produced documents indicating the presence of Ingersoll-Rand pumps and compressors aboard ships on which the decedent served, as well as expert reports opining that he would have …

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Expert Report Summarizing Exposure to General Products Insufficient to Defeat Pump Defendant’s Motion for Summary Judgment

WASHINGTON – , A federal court in Washington granted a summary judgment motion brought by pump defendant Air & Liquid Systems Corporation (Buffalo Pump) in a case extensively covered by the Asbestos Case Tracker dealing with Merchant Mariner Rudie Klopman-Baerselman, the decedent  who died of mesothelioma. As proof of exposure, the plaintiff had produced an inspection report for the HMS Ranee from 1943 referencing Buffalo Pump.  The plaintiff also produced an expert report by James Delaney, a navel expert, opining that asbestos-containing thermal insulation would …

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Defendant’s Motion for Summary Judgment Granted Due to Lack of Causation

In a case extensively covered by Asbestos Case Tracker, the Western District of Washington considered another defendant, Henry Company LLC’s, motion for summary judgment.

The seminal products liability case in Washington, Lockwood v. AC & S, Inc., enumerates seven factors to consider when “determining if there is sufficient evidence for a jury to find that causation has been established:”

  1. The plaintiff’s proximity to an asbestos product when the exposure occurred;
  2. The expanse of the work site where asbestos fibers were released;
  3. The extent
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Supplier Defendant Granted Summary Judgment for Lack of Evidence of Exposure

As the Asbestos Case Tracker recently reported, on August 5, 2019, the U.S. District Court for the Western District of Washington recently ruled on several defendants motions for summary judgment. In the complaint, the plaintiff alleges that Rudie Klopman-Baerselman (decedent) was exposed to asbestos-containing products sold or supplied by the supplier defendant, causing the decedent to develop mesothelioma in July 2017 and pass away in November 2017. In the supplier defendant’s motion for summary judgment, it argued that:

  1. The plaintiff was unable to identify
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Summary Judgment Granted for Brake Manufacturer Based Upon Lack of Product Identification

WASHINGTON – The plaintiff filed suit in Washington state court alleging that decedent, Rudie Klopman-Baerselman, developed mesothelioma from exposure to brakes manufactured by Standard Motor Products (SMP), which he used while performing maintenance on his vehicles from 1966 to 1997. The case was removed to federal court. SMP moved for summary judgment based upon a lack of product identification evidence. The plaintiff did not oppose the motion.

Although the plaintiff alleged in the complaint that the decedent used SMP products, no witnesses testified as such. …

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Auto Parts Supplier’s Personal Jurisdiction Motion Denied

WASHINGTON – The plaintiff’s decedent, Rudie Klopman-Baerselman, was a merchant mariner, serving aboard several vessels while allegedly working with and around asbestos-containing products. The plaintiff additionally alleged that Klopman-Baerselman performed all maintenance and friction work on his vehicles for 30 years, and that he purchased asbestos-containing gaskets, brakes, and clutches from the Defendant, NAPA, contributing to his fatal mesothelioma. NAPA filed a motion to dismiss, and alleged that the court had no jurisdiction as NAPA lacked sufficient contacts with the State of Washington, since it …

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Plaintiff’s Failure to Establish Causation Against Pump Defendant Leads to Grant of Summary Judgment

WASHINGTON – The plaintiffs filed suit against several defendants alleging their decedent, Mr. Klopman-Baerselman developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. The case was removed to federal court.

Viking Pump (Viking) moved for summary judgment arguing that the plaintiff could not establish the necessary element of causation. Specifically, Viking argued that the plaintiff had no evidence that he was exposed to a Viking product and therefore he could not prove that Viking’s products were a substantial factor …

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