Exception to Boiler Manufacturer’s Bare Metal Defense Found in Denial of Summary Judgment

James Stevens served as a boiler technician aboard the USS Allagash from July 7, 1951 until October 11, 1952. The boilers on the Allagash were manufactured by Foster Wheeler and included asbestos containing materials in their construction. Foster Wheeler additionally provided additional asbestos containing materials to be used in the boilers. Mr. Stevens was diagnosed with mesothelioma and passed away in 2015.

The plaintiffs brought suit against various defendants, including Foster Wheeler, in the U.S. District Court for the District of Rhode Island, alleging Mr. …

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Tennessee Law Applied Over Virginia Law in Case Filed in Rhode Island; Tort Factors and Interest Factors Both Supported Tennessee Law

The plaintiffs alleged both direct and secondary exposure to asbestos by Harold Murray, leading to his development of mesothelioma. Mr. Murray worked in both Tennessee and Virginia. The plaintiffs lived in Tennessee. The defendants filed a motion to apply the law of Tennessee, while the plaintiffs argued for Virginia law. The court ruled that Tennessee was the correct choice of law.

The defendants argued that under Rhode Island choice-of-law principles, Tennessee law applied; the plaintiffs were domiciled in Tennessee, the plaintiff was diagnosed in Tennessee, …

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Affidavits Executed by Decedent Containing Product Identification Admissible Under Dying Declaration Hearsay Exception

Decedent John Pisano executed three affidavits regarding Sears products after he was diagnosed with mesothelioma; he died three months after his diagnosis and was never deposed. The affidavits detailed the decedent’s use of floor tile, ceiling tile, and mastic purchased from Sears. Defendant Sears, Roebuck and Co. moved for summary judgment on various bases. The plaintiff presented these three affidavits in opposition to Sears’ summary judgment motion. The court denied the motion for summary judgment.

Sears argued the plaintiff could not demonstrate any causal connection …

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Defendants Successfully Argue to Apply More Favorable Tennessee Laws Limiting Damages in Rhode Island Asbestos Case

In this case, the plaintiff worked and lived in the state of Tennessee for his entire life, with the exception of one year living in Maryland while working at Bethlehem Steel. The majority of his asbestos exposure occurred in Tennessee, which is also where he was diagnosed and treated for mesothelioma. The court had previously granted the motions of various defendants to apply Tennessee law. In the instant motion, defendants asked the court to take judicial notice of four areas of the law where that …

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