The plaintiff’s decedent, who developed breathing difficulties and lung damage as a result of asbestos exposure, filed a lawsuit in state court alleging that from approximately 1958-62, he was a mechanic who utilized brake shoe arcing machines (known as “grinders”) manufactured by the defendant for the purpose of grinding down/reshaping the friction material of brake shoes via mechanical abrasion. When a grinder came into contact with a brake shoe which contained asbestos in is lining, it would release asbestos into the air. Accordingly, it was …
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New York Judge Vacates Award of Past and Future Pain and Suffering to Plaintiff Against Brake Grinder Manufacturer and Orders New Trial on Damages Unless Plaintiff Stipulates to Reduced Awards
The plaintiff, Walter Miller, filed suit against a number of defendants alleging that his mesothelioma was caused by exposure to asbestos through his use of a brake grinding machine manufactured by Ammco. At trial, the jury rendered a verdict in favor of the plaintiff and against the sole defendant remaining at trial, Hennessy Industries, Inc. (Ammco), in the amount of $25 million, consisting of $10 million for past pain and suffering and $15 million for future pain and suffering. A summary of that verdict can …
Continue ReadingBoilermaker Contractor Granted Summary Judgment Over Past Employee as No Proof Existed of Exposure Outside of His Work Directly for Contractor
The plaintiffs filed a wrongful death and survival action claiming their decedent, Michael Walashek, developed mesothelioma from his work as a career boiler maker from 1967-86. The plaintiff’s social security records listed his employers FBS, Inc. and Camass Company, along with others. The case was removed to federal court and FBS, Inc. moved for summary judgment. Previously, a gasket manufacturer and cloth manufacturer moved for and were granted summary judgment. A summary of that decision can be found here.
Specially, FBS, Inc. argued that …
Continue ReadingDefendant’s Failure to Warn Boilermaker Employees in the Shipyard Itself Prohibited Federal Contractor Defense
The decedent in this case died of mesothelioma and his representatives filed an action in state court. Defendant Foster Wheeler removed this case to federal court under the officer removal statute. The plaintiff moved to remand, which the court granted.
The plaintiffs alleged exposure during the decedent’s work at Bethlehem Steel Sparrows Point Shipyard, while working as a boiler maker from 1948-1970s. Foster Wheeler removed on the basis that it was acting under an officer or agency of the United States, because it made boilers …
Continue ReadingProduct Identification of Pump or Internal Components Key to Inquiry Regarding Which Product Applied to Strict Product Liability Claims Under Oregon Law
The plaintiff alleged strict product liability, negligence, and loss of consortium against various defendants after her husband developed and died from mesothelioma. Defendant Warren Pumps was granted summary judgment, and plaintiff appealed. The court reversed and remanded.
During his 20-year naval career, the decedent served on two aircraft carriers — the USS Boxer and the USS Hancock — working on and around various pumps. Warren sold 51 pumps that were installed on the USS Boxer and 51 pumps that were installed on the USS Hancock …
Continue ReadingFederal Court of Appeals Vacates U.S. District Court Judgment Dismissing Two Defendants for Improper Joinder and Orders Remand of Mesothelioma Case
The plaintiff filed an action against multiple defendants for his alleged mesothelioma as a result of his occupational exposure to asbestos. The case was removed to federal court. Discovery took place over the course of eleven months. The plaintiff passed away and The defendant’s motion to dismiss was granted as the estate and family did not substitute plaintiffs. The family then filed a survival and wrongful death action in state court but added a new allegation that the plaintiff had been exposed to asbestos insulation …
Continue ReadingJury’s Finding of No Liability for Manufacturer’s Failure to Warn of Dangers of Exposure to Asbestos Reversed on Basis That Evidence was Insufficient to Support Verdict
The plaintiff filed a lawsuit in state court alleging that from 1968 to 1980, he was a salesman for Kaiser Refractories whose clientele was primarily large industrial facilities to which a quarter of what he sold was asbestos-containing insulation, including refractory material, or material used to insulate the interior metal surfaces of industrial boilers and heaters. He also frequently helped remove and install insulation and refractory at his clientele’s facilities. The plaintiff was diagnosed with mesothelioma in 2011 and then sued a number of manufacturers …
Continue ReadingFederal Court Analyzes New Jersey State Law in Granting Unopposed Summary Judgment Motions of Six Defendants
In this federal court case, the plaintiff, James McCourt, alleged exposure to asbestos from serving in the Navy (1962-66), working as a pipefitter (1961-62 and 1966-68), home renovations (1952-60), automotive repair work (1959-98), and from the clothing of his father from products manufactured by various defendants. Six defendnats, Guard-Line, Inc., CertainTeed Corporation, Union Carbide Corporation, Exxon Mobil Corporation, PSEG Power, and DAP, Inc., moved for summary judgment.
While the plaintiff did not oppose the defendants’ motions, the court still analyzed each motion under New Jersey …
Continue ReadingPartial Motion to Dismiss of Talc Suppliers and Auto-Body Filler Granted Without Prejudice, Giving Plaintiff Time to Amend Claims of Concerted Acts and Intentional and Negligent Misrepresentation
This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc., motion to transfer the case to the middle district of Florida was granted. (BASF and Whittaker were talc suppliers and Superior was …
Continue ReadingPunitive Damages Not Allowed Against Bendix; Memos Showed a Corporation Struggling With Evolving Science on Asbestos and Mesothelioma
The plaintiff alleged that her husband was exposed to asbestos from brakes, and as a result died from mesothelioma. She sued Honeywell International, as successor-in-interest to Bendix, alleging negligence, breach of implied warranty, fraud, failure to warn, and wrongful death, and asked for actual and punitive damages. Bendix moved for summary judgment on the breach of implied warranty, fraud, and failure to warn claims, and punitive damages claims. The court denied summary judgment as to the breach of implied warranty and products liability claims, but …
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