In this federal court case, it is alleged that the decedent, Thomas Dandridge, was exposed to asbestos while working as a pipefitter and coppersmith at the Charleston Naval Shipyard from 1965 to 1976. It was claimed that the decedent was exposed to asbestos from a variety of products, including flange gaskets used to link Crane Co. valves to pipe lines. The case was originally brought in the court of common pleas in Charleston County and was later removed federal court, where Crane moved for summary …
Continue ReadingCategory: Bare Metal/Component Parts
Valve Manufacturer’s Bare Metal Motion for Summary Judgment Denied
It is alleged in this NYCAL case that the decedent, Russell Gonzales, was exposed to asbestos products, including insulation on valves manufactured by Crane Co., in the 1970s at various sites throughout New York City. The decedent died prior to testifying, but his co-worker, Joseph Zgombic testified that he and the decedent were responsible for insulating Crane valves and that they worked near others repacking Crane valves. Crane moved for summary judgment, arguing that the plaintiff failed to prove the decedent had exposure to asbestos …
Continue ReadingApplying Alabama Law In Two Cases, Federal Court Grants One Motion and Denies Another to Engine Manufacturers Under Bare Metal Defense
In one case, the plaintiff claimed that the decedent was exposed to asbestos while working on Cummins engines in the Navy and Coast Guard. Defendant Cummins moved for summary judgment, arguing that the engines were 17 years old and were overhauled at least once. There was no proof the gasket materials were original to the engine. The plaintiff also argued that the decedent was exposed to asbestos blankets and lagging on the engines. The court recognized that Alabama would recognize the bare metal defense and, …
Continue ReadingRhode Island Superior Court, Applying Ohio Law, Dismisses Claims Based on Bare Metal Defense and Statute of Repose
This case involves an interesting discussion regarding the conflict between Ohio and Rhode Island law on the bare metal defense, the sophisticated user doctrine, state of the art, the open and obvious defense, the statue of repose, joint and several liability, compensatory damages, and punitive damages. The Rhode Island court ruled that Ohio law applied to this case on those issues and proceeded to consider the defendants’ summary judgment motions under Ohio law.
On the bare metal defense, the court granted summary judgment to the …
Continue ReadingGeneral Electric Granted Summary Judgment on the Bare Metal Defense Under Maritime Law
The plaintiff commenced this action by claiming he was exposed to insulation on General Electric products while in the U.S. Navy. GE moved for summary judgment on three grounds: the government contractor defense, the bare metal defense under maritime law, and on no evidence of GE actually furnishing the component parts. The court ruled that maritime law — rather than New Jersey law — governed the case.
The court only addressed the bare metal defense, ruling that GE was entitled to summary judgment: “The Court …
Continue ReadingCalifornia Appellate Court Reverses Dismissal of Two Cases Where Equipment Was Used in Connection With Asbestos Brake Linings
In the first California case, the plaintiff was diagnosed with mesothelioma in 2014. He had previously worked as an auto mechanic in New York City and Los Angeles, during which he purchased an AMMCO machine equipped with a dust collection system. This machine was “an ‘arcing’ machine designed to grind drum brake linings for cars and light passenger trucks with standard sized brake shoes. From the early 1950’s to the 1980’s, the great majority of such drum brake linings contained asbestos. Because the AMMCO machines …
Continue ReadingValve Manufacturer’s Appeal on Summary Judgment Denied on Foreseeable Use of Asbestos-Containing Component Parts
In this case, it is alleged that the decedent was exposed to asbestos gaskets and packing in valves manufactured by Crane Co., while working at an industrial plant from 1956 to 1982. Crane appealed from the lower court’s denial of its motion for summary judgment and the Fourth Department affirmed the decision.
In its appeal, Crane alleged that it could not be liable for failure to warn of the dangers associated with asbestos, since it did not produce or sell the asbestos-containing component parts. The …
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