In this federal court case, it was alleged that the plaintiff, Gregory Cannard, was exposed to asbestos insulation while serving in the Navy from 1965 to 1967, and while working for Lomac Motors from 1975 to 1978, where he allegedly ground asbestos head gaskets from Ford Motor Co. (Ford). At the time of trial, Ford was the only remaining defendant. At trial, the plaintiffs argued that the Navy and automotive exposures were indivisible and no single product could be identified as the cause of Mr. …
Continue ReadingAuthor: Jason A. Botticelli
Valve Manufacturer Denied Summary Judgment on Bare Metal Defense
In this NYCAL case, it was alleged that the plaintiff, Mark Ricci, was exposed secondhand to asbestos from his father’s air conditioning and ventilation work. Aldo Ricci (Aldo), Mark Ricci’s father, testified that he was exposed to asbestos from working near others working on Crane Co. valves. Crane moved for summary judgment, arguing that the plaintiff failed to prove he was exposed to asbestos from any asbestos-containing product manufactured or supplied by Crane. It was Crane’s position that it should be entitled to summary judgment …
Continue ReadingClutch Manufacturer Makes Prima Facie Showing of Entitlement to Summary Judgment
In this New York case out of Nassau County, the plaintiff alleged asbestos exposure to various products while working as a truck mechanic from the late 1950s to the mid 1990s. The plaintiff testified at his deposition that he removed and installed Eaton clutches on trucks from 1961 to 1970. Eaton moved for summary judgment and attached the affidavit of Roger Hobbie, who was employed in various capacities at Eaton from 1959 to 1997. In his affidavit, Mr. Hobbie stated that between 1959 until the …
Continue ReadingDefendants Fail to Make Prima Facie Entitlement to Summary Judgment Since They Failed to Show Their Products Could Not Have Contributed to Decedent’s illness or Death
In this case, the decedent alleged exposure to asbestos while working at Republic Steel from the early 1960s through the early 1970s. It is claimed he was exposed to insulation materials that were removed and installed in his vicinity while he was a laborer and to materials used to make “hot tops” while a crane operator. Defendants Insulation Distributors, Inc. (IDI), Beazer East, and Ferro Corporation all moved for summary judgment, arguing that the plaintiff failed to prove that the decedent, who died prior to …
Continue ReadingWife’s Testimony on Decedent’s Use of Brake Product and Expert Causation Testimony Held Sufficient to Defeat Summary Judgment
In this federal court case, decedent Richard Bell alleged exposure to asbestos while performing car maintenance from 1964 through the late 1970s. Defendant Honeywell, as successor of Bendix, moved for summary judgment, arguing that the decedent’s wife’s deposition testimony that the decedent used Bendix brakes with the word “asbestos” on the packaging was hearsay; that the testimony could not be used against it to oppose summary judgment since it was taken prior to Honeywell becoming a party; and that the plaintiff failed to show the …
Continue ReadingCourt Denies Certification of Interlocutory Appeals on Personal Jurisdictional Grounds in Two Delaware Cases
In these two cases from Delaware, the defendants’ motions to dismiss based on personal jurisdiction were denied. Defendants subsequently sought certification of their interlocutory appeals pursuant to Del. Sup. Ct. 42. The court denied defendants’ applications in both cases, pointing to the “substantial issue of material importance” prong of the Rule 42 requirements. The court stated that the Delaware Supreme Court has repeatedly held that denial of a motion to dismiss for lack of personal jurisdiction does not determine a “substantial issue.” In both cases, …
Continue ReadingFederal Court Bench Trial Renders Verdict in Favor of Plaintiff in Take-Home Exposure Case and Awards Full Medical Expenses
In this federal court case, it was alleged that the decedent, Barbara Bobo, had secondary take-home exposure to asbestos from laundering her husband’s work clothes. Her husband worked at the Browns Ferry Nuclear Plant, operated by Tennessee Valley Authority (TVA) from 1975-1997. Following denial of TVA’s motion for summary judgment, the case went to bench trial, where the court’s findings of fact supported that Mr. Bobo was exposed to asbestos at the plant from items such as insulation, roofing cement, gaskets, and pump packing. In …
Continue ReadingJoint Compound Manufacturer’s Summary Judgment Overturned on Appeal Based on Issue of Fact of Plaintiff’s Contradictory Testimony
In this case, the plaintiff, David Bergstrom, claimed exposure to asbestos while working as a contractor installing drywall for various companies between 1962 and 2011. The trial court granted the defendant, joint compound manufacturer Welco, summary judgment based on the plaintiff’s testimony that he did not have any exposure to joint compound after 1979 and was not exposed to Welco’s product, Welco, prior to 1979. In opposition to the motion, the plaintiff alleged that he did not make such a clear admission, that his testimony …
Continue ReadingGranting of Summary Judgment to Radio Manufacturers Overturned Based on Circumstantial Evidence
In this case, the decedent, Kenneth Anderson, was allegedly exposed to asbestos while working as a radio and television repairman in the 1960s and 1970s. Prior to trial, radio manufacturers Zenith and Motorola moved for — and were granted — summary judgment, arguing that the plaintiff could not “provide evidence regarding what radios Anderson actually repaired, whether those radios contained asbestos, and if so, who manufactured or distributed those asbestos-containing parts.”
On appeal, the plaintiff argued that the trial court erred, since the decedent had …
Continue ReadingLouisiana Federal Court Grants Three Defendants’ Summary Judgment Motions Due to Lack of Exposure
The plaintiff commenced this wrongful death mesothelioma case, alleging in part that his father was exposed to asbestos-containing products while in the U.S. Naval Reserve in the 1950s and 1960s. The defendants, GE, CBS, and Foster Wheeler, moved for summary judgment, arguing that the plaintiff’s evidence was insufficient to establish the decedent’s exposure to their products.
The plaintiff opposed the motion with an expert affidavit, described by the court as follows: “Plaintiff relies on the expert report of Laurence Durio, who opined that Mr. Laurent …
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