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 …Continue Reading
The plaintiffs filed this personal injury suit in Delaware after the plaintiff Donnie Wines was diagnosed with mesothelioma. Both plaintiffs died before the suit was completed, and their personal representative was substituted. Defendant Rockwell Automation Inc. removed to federal court. The plaintiff filed a motion to remand, arguing: (1) that the notice of removal was untimely, and (2) Rockwell did not meet the requirements of the federal officer removal statute. The magistrate judge recommended that the court grant the plaintiff’s motion.
The plaintiff claimed exposure …Continue Reading
The plaintiffs filed suit against multiple defendants for violation of the Connecticut Product Liability Act, loss of consortium, fraud and premises liability, alleging that the plaintiff Kenneth Reed contracted mesothelioma as a result of direct and secondary exposure to asbestos. After the plaintiffs settled with or dismissed sixty-three of the defendants, the complaint was amended as to the only remaining defendants: Ford Motor Company, Bridge-Haven Ford Truck Sales, Inc. and Stamford Motors (collectively, the Ford Defendants). The Ford Defendants answered the amended complaint and, in …Continue Reading
Surviving spouse and personal representative of the decedent filed a three-count complaint against multiple defendants, alleging failure to warn, loss of consortium, and conspiracy due to damages from alleged asbestos exposure. Defendant Sporting Goods Properties, Inc. filed a motion to strike all three counts for failure to state a claim, which plaintiff opposed. The court denied the defendant’s motion to strike as to counts one and two, but granted as to count three.
Sporting Goods argued a clear disconnect between the duty to warn of …Continue Reading
In this case pending in the U.S. District Court for the District of Connecticut, the plaintiffs’ third count of their complaint alleges reckless conduct by the defendants and seeks punitive damages. Defendant Aurora Pump Company moved to dismiss this count, arguing that the plaintiff failed to assert specific allegations of recklessness. The court noted, however, that the plaintiff alleges that the defendants manufactured, distributed, sold or otherwise placed into the stream of commerce products which contained asbestos and that the defendants intentionally and fraudulently concealed …Continue Reading
The plaintiff brought a claim under the Federal Tort Claims Act (FTCA) alleging asbestos exposure while a crew member on two tugboats the Navy leased to his employer, General Dynamics Corporation. The plaintiff also brought a products liability claim under Connecticut law, and his wife brought a loss of consortium claim. The defendant moved to dismiss for lack of jurisdiction under the FTCA, because the lawsuit sounds in admiralty, for which a suit under the Suits in Admiralty Act (SIAA) or the Public Vessels Act …Continue Reading
The plaintiff’s decedent brought this personal injury action in August 2009, alleging that his mesothelioma was caused by exposure to asbestos from several defendants’ products. The plaintiff’s decedent died a few days after the commencement of this action and before any deposition testimony or product identification evidence was disclosed. The plaintiff was appointed as executrix of the decedent’s estate less than a month after his death. In November 2012, three years after the decedent’s death, the trial court set a trial date. The defendants moved …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