Category: Georgia

Case Decisions / Georgia / Summary Judgment / Take-Home Exposure
Posted by:

No Duty To Warn Third Parties for Take-Home Exposures in Georgia

On November 30, 2016, the Georgia Supreme Court issued a ruling, that affirmed in part and reversed in part, a Georgia Court of Appeals decision, which was previously reported on in the ACT.

For a brief background, the plaintiff, Marcella Fletcher originally filed suit against CertainTeed after being diagnosed with malignant pleural mesothelioma. Fletcher attributed this diagnosis to years of laundering her father’s asbestos dust covered work clothing to which she alleges CertainTeed manufactured the asbestos-laden water pipes that her father had worked with. In …

Continue Reading
Case Decisions / Expert Challenges / Georgia
Posted by:

Supreme Court Finds Plaintiff’s Expert “Cumulative Exposure Theory” Does Not Fit Georgia Causation Standard and Reverses Judgment in Favor of Defendant

In a follow up to a case previously reported on in ACT, the Georgia Supreme Court granted a writ of certiorari to review the decision of the Court of Appeals of Georgia with respect to the admission of testimony from the plaintiff’s expert, Dr. Jerrod Abraham, and his “Cumulative Exposure Theory.”

This case first commenced when the plaintiff and his wife, Roy and Milva Knight, sued Scapa Dryer Fabrics, Inc., alleging that Roy’s mesothelioma was caused from exposure to asbestos while he was working …

Continue Reading
Case Decisions / Georgia / Summary Judgment
Posted by:

Georgia Court Dismisses Negligent Failure to Warn Claim Against Local Vendor, But Not Manufacturer

In this case, the plaintiff claimed she was exposed to asbestos through laundering her father’s clothing. There was testimony that her father worked with insulated piping manufactured by CertainTeed Corp. and supplied by a local vendor, Davis Meter and Supply Company. The lower court granted summary judgment to CertainTeed and Water Applications Distribution Group, the successor to Davis Meter and Supply, claiming that there was no duty to warn. On appeal, the Court of Appeals of Georgia held that there were factual issues regarding CertainTeed’s …

Continue Reading
Case Decisions / Expert Challenges / Georgia / Punitive Damages
Posted by:

Under Georgia Law, Appellate Court Rejects Defendant’s Daubert Challenge to Dr. Abraham and Allows Punitive Damage Claim

In this case, the plaintiff and his wife, Roy and Milva Knight, sued Scapa Dryer Fabrics, Inc., alleging that Roy’s mesothelioma was caused from exposure to asbestos while he was working as an independent sheet metal contractor at Scapa’s facility. It was alleged that Scapa used asbestos fibers in its manufacturing process and there was asbestos insulation on pipes and boilers. The plaintiffs also sued Union Carbide Corp., claiming that it supplied asbestos to non-party Georgia Pacific, which made joint compound that Roy used on …

Continue Reading