Defendant Crane Company filed motions to strike the plaintiff’s expert reports from James A. Bruce, M.D., Barry Castleman Sc.D, and Captain Francis J. Burger as violating Federal Rules of Evidence 402 and 702 in this lung cancer case that was removed to Federal Court. The plaintiff alleged asbestos exposure through his work on two ships in the United States Navy, and through his work as a salesman. Only one count remained from the plaintiff’s Fourth Amended Complaint following Crane’s summary judgment motion, and it alleged …
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Summary Judgment Affirmed Based on Lack of Admissible Evidence of Secondary Asbestos Exposure
CALIFORNIA —Sandra Foglia and her children filed suit against Moore Dry Dock (MDD), alleging that the decedent, Ronald Foglia, was exposed to asbestos via his late father, Felix Foglia, and developed mesothelioma. The plaintiffs alleged that Felix was exposed to asbestos while working as an electrician at a shipyard operated by MDD.
MDD moved for summary judgment, claiming it owed no duty of care to the decedent for secondary exposure and that the plaintiffs could not reasonably obtain evidence to show that the decedent was …
Continue ReadingFailure to Establish Good Cause Leads to Affirmation of Denial of Additional Expert Disclosure
KANSAS — The plaintiff sued the Budd Company alleging her father, Robert Rabe, developed mesothelioma as a result of occupational exposure to asbestos for which the defendant was allegedly liable. Specifically, Rabe claimed exposure to pipe insulation used on railcars built by the defendant.
A scheduling order was entered by the magistrate, which called for the disclosure of experts by June 23, 2012 amongst other deadlines. After that deadline passed, the defendant moved without objection for a modification of the expert disclosure deadline to September …
Continue ReadingExclusion of Decedent’s Deposition Testimony Upheld due to Lack of Meaningful Opportunity for Cross Examination
DELAWARE — Plaintiff William Sykes filed suit in March of 2014 against numerous defendants after being diagnosed with mesothelioma in October, 2013. The plaintiff’s counsel requested expedited trial and discovery depositions due to Plaintiff’s rapidly deteriorating health; a video trial deposition was taken on April 16, 2014. During a break in the trial deposition, the plaintiff informed counsel that he was unable to complete the remainder of the deposition. At that time, the parties were left with only the video trial deposition and no cross …
Continue ReadingSummary Judgment Reversed Against Gasket Defendant Despite Contradictory Declaration
CALIFORNIA — The plaintiffs filed suit against dozens of defendants, including Familian Corporation, alleging that Mr. Turley developed an asbestos related disease for which defendants were liable. Specifically, Mr. Turley alleged that he was exposed to asbestos containing cement pipe, pipe collars, gaskets and elbows made by Familian while working at various Pacific Gas and Electric Company locations.
Familian moved for summary judgment. The plaintiffs filed an opposition with a declaration from a witness, Paul Scott, who had not been deposed. The declaration implicated Familian …
Continue ReadingSummary Judgment Granted for Ford on Strict Liability, Punitives, and Conspiracy Claims
DELAWARE — Asbestosis plaintiff Gerald Hickman alleged take home, bystander, and direct exposure to asbestos from, among others, defendant Ford Motor Company. Ford moved for summary judgment, which was granted in part and denied in part.
The plaintiff alleged exposure to Ford products during his work around others in garages and gas stations, from his father’s work in the family service station, and from his own repair work on his wife’s new Ford Mustang. Applying Delaware law, the court denied summary judgment as to the …
Continue ReadingNo Reasonable Inference that Union Carbide Supplied Asbestos to Joint Compound Manufacturers; Summary Judgment Granted
DELAWARE — Plaintiff Larry Sturgill, who died of mesothelioma, worked in home remodeling and construction for three years, using joint compound manufactured by three companies. Defendant Union Carbide moved for summary judgment, which the court granted.
U.S. Gypsum and National Gypsum, were allegedly supplied with Calidria asbestos for their joint compound products by Union Carbide. Virginia substantive law governed the case. Union Carbide argued that 1) the plaintiff could not establish that he worked with any joint compound containing Calidria, 2) that a bulk supplier …
Continue ReadingCalifornia Jury Finds Against Asbestos/Talc Defendants for $22.17 Million
CALIFORNIA — Earlier this week, an Alameda County, California jury awarded plaintiffs $22.17 million dollars, comprised of $17.6 million in compensatory damages and $4.6 million in punitive damages. Defendants Imerys Talc America Inc. (40 percent) and Vanderbilt Minerals LLC (60 percent) were found liable. Vanderbilt Minerals reportedly settled the case after the compensatory verdict. The plaintiffs alleged that the 72-year-old decedent developed mesothelioma after working with paint made with talc that was contaminated with asbestos. According to the plaintiffs’ closing arguments, the defendants had denied …
Continue ReadingSummary Judgment Affirmed in Delaware Maritime Action Based Upon Lack of Product Identification
DELAWARE — In an unreported opinion issued on November 29, 2017, the Superior Court of Delaware affirmed the entry of summary judgment on behalf of Warren Pumps. The plaintiff, Phillip Walsh, served aboard the USS Halsey and USS Bigelow from 1975 to 1977 as a machinist in the U.S. Navy. He was the only product identification witness offered. He testified that he removed insulation from pumps, and also removed and installed packing and gaskets on the pumps. With regard to the manufacturer of those replacement …
Continue ReadingJohnson & Johnson Found Not Liable in California Talcum Trial
After almost three days of deliberation following a four week trial, a Los Angeles area jury reached a defense verdict in a mesothelioma case against Johnson & Johnson and its supplier Imerys Talc America, Inc. In closing arguments, the plaintiff urged the jury to consider evidence that allegedly documented Johnson & Johnson’s long awareness of asbestos contamination in its talc mines in attributing the plaintiff’s disease to the defendants. Defense arguments focused on a lack of asbestos markers in the plaintiff’s lungs, and pointed to …
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