Category: Appeal

Appeal
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Fifth Circuit Upholds $3 Million Remitted Verdict in Deceased Mesothelioma Case

United States Court of Appeals for the Fifth Circuit, December 14, 2020

As previously reported by Asbestos Case Tracker here, the decedent, Dr. James L. Gaddy, alleged he was exposed to asbestos while working as a chemical engineer for Ethyl Corp. during the 1950s. Dr. Gaddy was diagnosed with mesothelioma in 2018, and subsequently filed suit against Ethyl, among other defendants. Following a trial, a jury found Ethyl partially liable to Dr. Gaddy on theories of strict liability and negligence, and awarded the plaintiffs …

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Appeal / California
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Trial Court’s Refusal to Reduce Plaintiffs’ Recovery of Costs by Amounts Attributable to Settled Defendants Affirmed

Court of Appeal of California, First Appellate District, Division Three, December 11, 2020

The heirs of decedent Richard Booker filed suit, alleging that Booker developed fatal mesothelioma from his exposure to defendants’ asbestos-containing products. The plaintiffs settled with most of the defendants, and a trial was held against the two remaining defendants, Vanderbilt Minerals LLC and Imerys. The jury found the two defendants liable for increasing the decedent’s risk of mesothelioma and apportioned 60-percent fault to Vanderbilt and 40-percent fault to Imerys.

The plaintiffs filed …

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Appeal / Damages
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Damages Award Against Defendant Pipe Supplier Affirmed On Appeal

Court of Appeal of California, First Appellate District, Division Five, December 9, 2020

From September 1976 to March 1977, Frank Hart (the decedent) worked in California cutting asbestos-cement pipe for new sewer lines. He was later diagnosed with mesothelioma, allegedly as a result of his exposure to asbestos through that work. On November 8, 2016, the decedent and his wife, Cynthia (the plaintiff), filed a complaint for personal injury and loss of consortium against numerous entities, including defendant Keenan Properties, Inc. The decedent passed away on …

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Appeal / Ohio
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Medical Expert Reports Deemed Sufficient to Overcome Dismissal in Maritime Action

Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County

This matter arises from the decedent’s allegation that his work as a merchant marine on ships, including repair and cleaning of asbestos-insulated steam lines, exposed him to asbestos and contributed to his development of lung cancer. After conducting discovery, the defendants filed a motion to dismiss contending that the plaintiff failed to meet the requirements of Ohio Revised Code Ann. 2307.92 (“Minimum medical requirements for tort action alleging asbestos claim”), including that the plaintiff failed …

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Appeal / Summary Judgment / Washington
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Various Defendants Summary Judgment Motions Upheld on Appeal Due to Statute of Repose

Court of Appeals of Washington

Cindy Maxwell, the personal representative of the Estate of Edmond Brown, and Marilou Brown (collectively the Browns) appeal the trial court’s order granting summary judgment in favor of Parsons Government Services, Inc. (Parsons) and Brand Insulations, Inc. (Brand). This action arises from Edmond’s alleged exposure to asbestos between 1971 and 1972 during the construction of Atlantic Richfield Corporation’s (ARCO) petroleum refinery at Cherry Point in Ferndale. Parsons was the general contractor who constructed the Cherry Point refinery and Brand was …

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Appeal / California / Summary Judgment
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American Oil Company Defendants Had No Control Over Iranian Oil Company, Summary Judgment Upheld on Appeal

Court of Appeal of California, Second Appellate District, Division Seven, October 28, 2020

Houshang Sabetian and his wife, Soraya, (the plaintiffs) filed this action on March 28, 2018 alleging causes of action for negligence, strict liability, premises liability, negligent joint venture, alter ego, and loss of consortium. The complaint alleged Houshang contracted mesothelioma caused by exposure to asbestos while he was an Iranian citizen working for the National Iranian Oil Company (NIOC) from about 1960 to 1979. The complaint further alleged the Chevron and Exxon defendants …

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Appeal / Verdict
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Post-Trial Motions from Plaintiffs and Valve Defendant Denied Following 2019 Verdict

New York

On April 25, 2019, as previously reported by the Asbestos Case Tracker, the Supreme Court of Erie County rendered a plaintiffs’ verdict, finding that decedent James Stock was exposed to asbestos by products made by the valve manufacturer, the defendant failed to exercise reasonable care by not providing warnings about the hazards of exposure to asbestos from its products, and that its failure to warn was a substantial contributing factor in causing the decedent’s injuries. The verdict was appealed by the defendant and …

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Appeal / Georgia / Summary Judgment
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Plaintiff’s Motion for Partial Summary Judgment Re-Affirmed as to Defendants’ Affirmative Defenses

Court of Appeals of Georgia, Fourth Division

Defendants Pneumo Abex, LLC and Genuine Parts Company appeal the trial court’s partial grant of summary judgment to Sheila Long, individually and as personal representative of her late husband’s estate. Long alleged that her husband Ron died from lung cancer as a result of exposure to asbestos contained in certain products. Long sought summary judgment on affirmative defenses that she anticipated the appellants might pursue. Now, the appellants argue that the trial court erred in granting summary judgment to …

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Appeal
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Plaintiff’s Misconduct of Withholding Exposure Information of Decedent Leads to Upholding of New Trial for Premise Owner

Court of Appeals of Oregon, August 26, 2020

The decedent, Robert Golik, died of mesothelioma allegedly as a result of his exposure to asbestos. The decedent passed away prior to the lawsuit being filed, and was therefore, never deposed regarding his work history or exposure to asbestos. At trial, The plaintiff, Alice Golik, presented evidence that the decedent was an employee of Armstrong Contracting and Supply Corporation (AC&S) and worked as an insulator helper at the defendant, Georgia Pacific Consumer Products, LLC’s (GPCP) paper mill …

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Appeal / Discovery / Personal Jurisdiction
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Pump Manufacturer Withstands Challenge to Protective Order, Loses Personal Jurisdiction Argument

Appellate Court of Illinois, Fifth District, August 24, 2020

The Appellate Court of Illinois, Fifth District, recently issued a discovery decision in the matter of Linder v. A.W. Chesterton Co., which also touched on the issue of personal jurisdiction. In Linder, the plaintiffs alleged that asbestos dust attributable to industrial pumps manufactured by GIW contributed to plaintiff decedent, Robert Linder’s mesothelioma. At the outset of the case, GIW filed a motion to dismiss for lack of personal jurisdiction, arguing that as a Georgia …

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