Court of Appeals Court

Obsolete Statute Sufficient to Support Plaintiffs’ Victory

Court of Appeals of Oregon, October 5, 2022

Plaintiffs, Donald Miller and his wife Linda Miller (hereinafter “plaintiffs”), asserted claims of negligence, strict product liability, and loss of consortium based on Donald’s exposure to an asbestos-containing construction product sold by Kaiser Gypsum Company, Inc. (hereinafter “Kaiser”) in the 1960s.  At the time of trial, Kaiser was the only defendant remaining.  The jury returned a verdict in plaintiffs’ favor on all three claims and required Kaiser to pay $5,233,618 in damages to plaintiffs.  Kaiser appealed and …

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Judgment Against Joint Compound Defendant Upheld on Appeal

Court of Appeals of Oregon, October 5, 2022

Plaintiffs Donald Miller and Linda Miller filed a lawsuit to recover damages for injuries Donald allegedly sustained as a result of exposure to asbestos-containing products during his lifetime.  At the time of trial, Kaiser Gypsum Company was the only remaining defendant.  As to Kaiser Gypsum, Plaintiffs alleged that Donald was exposed to asbestos-containing joint compound while employed as a mechanical insulator between October 1966 and April 1969.   

At the conclusion of trial, the jury returned a verdict …

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Summary Judgment Upheld for Motorcycle Manufacturer Based on Lack of Proof of Asbestos in Brake Linings

Court of Appeals of Oregon, March 24, 2021

In this asbestos action, decedent Ronald Laux alleged exposure to asbestos from replacing motorcycle brake linings from 1961 until 2014. Thereafter, he developed mesothelioma and brought negligence and strict products liability actions against numerous defendants. After Mr. Laux’s passing, Mrs. Laux was named as the personal representative of his estate.

Defendant Yamaha moved for summary judgment, arguing that the record was devoid of sufficient evidence to show the decedent was exposed to asbestos from a product manufactured, …

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Plaintiff’s Motion to Remand Denied Due to Complete Diversity

U.S. District Court for the District of Oregon, Medford Division, March 23, 2021

The plaintiff’s third amended complaint alleged that the decedent Bill Jack Sheldon was exposed to airbone asbestos fibers, both by directly working with asbestos and asbestos-containing materials and by working in the vicinity of other workers handling asbestos products between 1972 and 1994 while he was employed in a plywood/veneer mill in Medford, Oregon. At the time of his death, the decedent was a resident of the U.S. Virgin Islands. Mr. Sheldon …

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Chanel Obtains Defense Verdict from Oregon Jury in Living Mesothelioma Claim

OREGON — An Oregon jury delivered a defense verdict for defendant Chanel on September 17, 2018 after a four-week trial in a living pleural mesothelioma claim. Chanel asserted an spontaneous etiology defense and the jury unanimously found that (i) Chanel was not negligent and (ii) was no defect in the Chanel cosmetic talc product allegedly used by plaintiff in this case.…

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Second Motion to Remand Denied When Plaintiff Asserted Claims She Previously Waived

OREGON — The plaintiff initially filed her lawsuit on behalf of her father’s estate, in Oregon state court, alleging he was exposed to asbestos while working at Norwest Marine & Iron Works Shipyard and Albina Engine & Machine Works Shipyard. Both shipyards serviced military and civilian vessels. Neither the original nor amended complaints contained specific ship information. Defendants GE and CBS removed to federal court based upon the federal officer removal statute after plaintiff provided a ship list. The plaintiff filed a motion to remand, …

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Successor Liability Decision Reversed in Oregon

The plaintiff appealed the trial court’s granting of the defendant’s motion for summary judgment on successor liability. This suit involves the plaintiff’s exposure to asbestos from his work in Portland shipyards during the 1950s. The defendant moved for summary judgment on the ground that any of its liabilities “that may have existed prior to 1965 were transferred to another company” and, therefore, it could not be held liable for the alleged injuries suffered prior to that transfer.

The plaintiff appealed this decision arguing that the …

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Product 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 …

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