Court Grants Summary Judgment to Turbine Manufacturer Due to Lack of Causation

CONNECTICUT – The plaintiff, Patricia Murray, alleged that the decedent was exposed to asbestos from products manufactured or marketed by multiple defendants, including CBS Corporation. The defendant filed a motion for summary judgment arguing that there was insufficient evidence from which a reasonable jury could conclude that the decedent was exposed to asbestos from CBS’s products. The motion was unopposed.

The plaintiff’s claims of strict liability, negligence, breach of warranty, and failure to warn all fall under the Connecticut Products Liability Act (CPLA). Causation is …

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Lack of Admissible Evidence Against General Electric Leads to Grant of Summary Judgment in Maritime Meso Case

CONNECTICUT – The Carlson’s brought suit against several defendants including General Electric (GE) alleging that Kurt Carlson developed mesothelioma as a result of exposure to the defendants’ asbestos-containing products while working as a radiological control technician for General Dynamics/Electric Boat Corp. from 1973-1974. The plaintiffs provided answers to interrogatories to GE. The answers did not list GE as the plaintiff’s employer or as a product to which he was exposed. The plaintiff was also deposed and did not name GE as a product to which …

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Supreme Court of Connecticut Applies Occupational Disease Exclusion to Claims by Employees of Companies Other Than Insured

CONNECTICUT – R.T. Vanderbilt Co., Inc. engaged in the mining and sale of various chemical and mineral products. Vanderbilt sold industrial talc from 1948 to 2008. In the past several decades, Vanderbilt has been named as defendant in thousands of lawsuits alleging personal injury through exposure to asbestos in talc and silica mined and sold by Vanderbilt. The company brought an insurance coverage action against several of its primary insurers related to their handling of claims related to such lawsuits, and the lawsuit grew to …

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Failure to Provide Expert Evidence in Conjunction with Exposure Testimony Leads to Grant of Summary Judgment

CONNECTICUT – The plaintiff alleged that the decedent, James Schmidt, was exposed to asbestos during the course of his various careers. The defendant CNH Industrial America (CNH) moved for summary judgement, which was denied on the basis of decedent’s deposition testimony that he worked on asbestos-containing bulldozers and excavators CNH moved for reconsideration, and summary judgement was granted.

CNH argued that the deposition testimony was inadmissible and the plaintiff lacked the expert evidence required to carry her burden of proof under the Connecticut Product Liability …

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Excess Policies with Coverage Periods Between 12 and 24 months Provide Only One Aggregate Limit

CONNECTICUT — This case involved a dispute over the number of aggregate limits in two excess insurance policies. Ferguson was the successor in interest to Familian Corporation, a pipe and supply distributor for the plumbing and contractor industries.  Familian supplied certain products containing asbestos from the 1950’s until the 1970’s and as a result has been defending a vast number of asbestos lawsuits since 1997. Ferguson’s primary insurance policies were exhausted by 2002, and the dispute at bar was among the umbrella and excess carriers.…

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Lack of Product Specific Expert Testimony About Respirable Asbestos Fibers Reverses Mesothelioma Verdict

CONNECTICUT — Plaintiff Marianne Bradley, as executrix of her husband Wayne Bagley’s estate, sought to recover damages pursuant to Connecticut’s Product Liability Act for the wrongful death of the decedent under theories of negligence and strict liability. Plaintiff alleged that the decedent was exposed to asbestos-containing dust from FM-37, a product manufactured by the defendant, while working at Sikorsky Aircraft Corporation and this exposure caused decedent’s mesothelioma. The plaintiff further alleged that the defendant’s actions in selling its product constituted violations of the Act in …

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Connecticut Appeals Court Adopts Continuous Trigger and Unavailability Rule of Insurance Allocation

R.T. Vanderbilt Company, Inc., which formerly manufactured and sold industrial talc that purportedly contained asbestos, brought this action seeking, inter alia, a declaratory judgment to determine its rights and obligations, and those of approximately thirty defendant insurance companies, as to the costs of defending and indemnifying the plaintiff in thousands of underlying lawsuits brought against it in the past several decades that alleged personal injuries resulting from exposure to asbestos. In this 147-page decision, the court determined a multitude of issues related to allocation of …

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Summary Judgment Granted to Asbestos Paper Products Manufacturer in Take-Home Exposure Case Based on No Duty to Warn

Plaintiff Dorothy Ramsey, through her estate, alleged that the defendant Georgia Southern University Advanced Development Center (Herty) negligently failed to warn her of the risks of take-home exposure to Herty’s asbestos paper products used at her husband’s work from 1976-80. She alleged this exposure caused her to develop lung cancer. The defendant moved for summary judgment, arguing it did not owe Plaintiff a duty of care. The central issue in this case was whether Price v. E.I. DuPont de Nemours & Co. and Riedel

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Summary Judgment for Crane Manufacturer Based on Affidavit of Company Vice President

Plaintif Katherine Filosi, individually and as executor of the estate of Donald Filosi, filed a complaint against multiple defendants, including American Crane & Equipment Corporation (ACECO).  The plaintiff alleged that the decedent Donald Filosi was exposed to asbestos while employed by Boat Corporation (Electric Boat) as a rigger from 1961 to 1998 and, as a result of that exposure, he developed lung cancer and died.

Defendant ACECO moved for summary judgment, arguing that the plaintiff produced no evidence from which a jury could conclude that …

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Summary Judgment Recommended Where Plaintiff Fails to Establish Substantial Factor Causation Against Multiple Defendants

Plaintiff Mark Hillyer sued multiple defendants, alleging that he developed mesothelioma as a result of exposure to asbestos-containing products while serving in the Navy from 1967 to 1997. His claims were based in negligence, strict liability and loss of consortium. In discovery, the plaintiff was deposed on two occasions but did not produce any other fact or product identification witnesses. The plaintiff testified that, while on the USS George Washington Carver, he conducted preventative maintenance to main engines and turbine generators as well as corrective …

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