Plaintiff Josephine Fuoco, as executrix of the estate of Joseph Fuoco, alleged that Mr. Fuoco contracted mesothelioma while serving in the U.S. Navy as a machinists’ mate and as a construction worker. Defendant Warren Pumps moved for summary judgment, which the court granted. Warren did not dispute that its circulating pumps were on the USS Ammen, the ship on which Mr. Fuoco served. However, no fact witness offered testimony regarding Mr. Fuoco’s alleged asbestos exposure on board this shop. Warren was added to the …Continue Reading
The plaintiff alleged he developed severe asbestosis as a result of inhaling asbestos while serving in the United States Navy. Three defendants — John Crane, General Electric, and Ingersoll-Rand — moved for summary judgment. In deciding the motion, the court determined whether maritime or Illinois law applied. A plaintiff’s exposure in a products liability claim must meet both a locality test and a connection test in order to apply maritime law. The locality test analyzes whether the tort occurred on navigable water, or, if the …Continue Reading
In this mesothelioma case, the decedent worked for a vessel repair company and performed repair work on a vessel involving pipe insulation possibly containing asbestos. His estate sued the vessel owner under “both the Longshore & Harbor Workers’ Compensation Act, 33 United States Code section 905(b) (the Act, or section 905(b)) and state law.” The vessel owner moved for summary judgment on a number of grounds, including that it did not actively control the area where the alleged exposure occurred. The lower court granted the …Continue Reading
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 Reading
In this case brought under the Jones Act, 46 U.S.C.A. 30104, the decedent, Earl Criswell, was allegedly exposed to asbestos during his time as a Merchant Marine aboard various defendants’ vessels. The appellees, Atlantic Richfield Company and Sunoco, Inc. were both granted summary judgment. The plaintiff appealed, arguing that the lower court failed to view the evidence in the light most favorable to the non-moving party and applied the wrong standard for negligence under the Jones Act. The appellate court agreed with the plaintiff’s arguments …Continue Reading
The plaintiff’s decedent, Harold Thomasson, had mesothelioma that was alleged to be a result of his service in the U.S. Navy between 1952 and 1954, and his work as a maintenance man/pipefitter for various employers between 1954 and 1985. The decedent died prior to testifying and 19 defendants moved for summary judgment, arguing that there was no evidence that the decedent was exposed to asbestos from any products manufactured or supplied by them. Prior to oral argument, four defendants obtained voluntary dismissals. The remaining 15 …Continue Reading
In this case, the plaintiff claimed that the decedent, Alan McMann, was exposed to asbestos-containing non-skid materials as a bystander that were applied to the deck of the USS Firedrake. Defendant SB Decking, the alleged manufacturer of the non-skid material, moved for summary judgment on the ground that plaintiff did not prove that the non-skid material applied in the decedent’s presence actually contained asbestos. The court initially analyzed the locality and connections tests, concluding that Admiralty Law applied. On the causation issue, the court concluded …Continue Reading
In this case, the plaintiff claimed that the decedent was exposed to asbestos-containing insulation and winch brakes aboard various dredges and commercial vessels on which he worked over the years. “[P]laintiff asserted a Jones Act negligence claim under 46 U.S.C.A. § 30104 and a general maritime unseaworthiness claim under 28 U.S.C.A. § 1333.” The defendants, Weeks Marine, Inc. and American Atlantic Company, moved for summary judgment on the ground that the plaintiff did not establish that he was exposed to asbestos aboard these vessels. The …Continue Reading
In this case, the defendant, Lockheed, moved for reconsideration of the prior decision from the U.S. District Court for the Western District of Washington that there was sufficient evidence establishing a causal link between original asbestos allegedly installed by Lockheed and decedent John McCrossin’s asbestos exposure. In accordance with five decisions out of the Eastern District of Pennsylvania, the court recognized that under maritime law an expert affidavit alone of likely exposure to original asbestos is insufficient to establish a causal connection.
However, the court …Continue Reading
In this case, the plaintiff presented an affidavit of decedent attesting to asbestos exposure, a death certificate confirming the mesothelioma, and co-worker depositions showing that the decedent was generally exposed to asbestos at the Groton Connecticut shipyard while overhauling nuclear submarines. Several defendants moved for summary judgment on the ground that while the plaintiff established the decedent’s exposure to asbestos during his career, there was no evidence that causally connected any of that exposure to any of the particular defendants. The court initially ruled that …Continue Reading