The plaintiff alleged he developed mesothelioma as a result of his exposure to asbestos while working with the U.S. Navy from 1961-64 and from 1961-78 with various employers. Defendant Crane Co. removed the case to the U.S. District Court on August 31, 2015. Defendants CBS Corporation, Goodyear Tire and Rubber, FMC Corporation, and Ingersoll Rand moved for summary judgment. The plaintiff filed no opposition to those motions.
The court began its analysis with the standard for summary judgment. Summary judgment is appropriate when there is no genuine dispute as to any material fact. Further, the moving party bears the burden of proving the “absence of a disputed material fact.” The court also noted that the court may consider the fact undisputed or grant summary judgment when a party fails to respond to a party’s assertions. The parties agreed that maritime law applies in all sea based claims. The court also pointed out that the bare metal defense is recognized in maritime law.
In applying the standard for summary judgment, the court found that the plaintiff had not produced evidence establishing exposure to products of CBS Corporation, Goodyear Tire and Rubber, FMC Corporation, and Ingersoll Rand. Accordingly, the court entered a recommendation for granting the defendants’ motions for summary judgment.