Icom Henry Evans and Johanna Elaine Evans filed an asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 11, 2015, asserting injuries arising from Mr. Evans’ alleged harmful exposure to asbestos. Defendant John Crane filed a partial motion for summary judgment as to the plaintiffs’ punitive damages claim. John Crane admits to having knowledge of the hazards of asbestos by 1970. However, the parties dispute whether John Crane had knowledge of the hazards of asbestos before 1970. The parties …
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Plaintiff’s Issues on Appeal Ruled Non-Prejudicial, Insulation was Not a Substantial Cause
Charles Kirk brought suit against Owens-Illinois and Exxon Mobil alleging that his lung cancer was caused by exposure to asbestos containing material. From 1954 until 1960 Plaintiff worked aboard navy vessels removing insulation produced by Owens–Illinois, Inc., which he claimed exposed him to asbestos fibers. And for two weeks, he worked as an independent contractor at Exxon Mobil’s Joliet refinery replacing heaters that Plaintiff claimed were insulated with asbestos. Mobil presented counter-evidence that the insulation at its refinery did not contain asbestos. Notably, Plaintiff smoked …
Continue ReadingSummary Judgment Granted to Premises Owner Because Asbestos Not Inherent on the Premise
Plaintiff Sandra Kivell alleged her husband developed and died from mesothelioma due to his asbestos exposure as a union pipefitter and welder. Defendant Union Carbide moved for summary judgment, which was granted.
Union Carbide was a premises owner of a petrochemical facility in Taft, Louisiana, where decedent worked from January 1967-October 1969. Decedent did not work for and did not receive instruction from Union Carbide, which employed third-party contractors to build process units. Decedent testified he ran pipe and worked side by side with insulators. …
Continue ReadingBrake Manufacturer’s Motion for Summary Judgment Granted Based on Statute of Limitations
The plaintiff brought suit in Delaware contending that David Bagwell contracted lung cancer from Pneumo Abex’s products. Bagwell was diagnosed in May 2009 and passed away from cancer on January 28, 2010. Plaintiff contacted an attorney regarding this matter in August or 2012. This matter was ultimately filed on June 2, 2014.
Under South Carolina law, the defendant argues that the plaintiff’s case must be dismissed because wrongful death claims must be filed within three years of the date of the decedent’s death. However, Delaware …
Continue ReadingIn Talc Case, Gaps in Chain of Custody Lead to Partial Exclusion of Opinions of Plaintiff’s Geologist
Plaintiff Delgadina Alfaro alleged the development of mesothelioma due to asbestos contained in talcum powder she used as a child. The jury found for defendants Colgate-Palmolive Company, the manufacturer of Cashmere Bouquet talcum powder, and Imerys Talc America, Inc., the successor-in-interest to talc suppliers for Colgate, including Cyprus. The plaintiff appealed, and the court affirmed.
The plaintiff claimed that her mother and grandmother used Cashmere Bouquet and that she used it as well. Her years of exposure were 1977-90. Colgate made Cashmere Bouquet from 1871-1985, …
Continue ReadingCar Manufacturer Obtains Dismissal Based on Lack of Personal Jurisdiction
Plaintiffs Harold and Judy Haynes filed suit in Delaware Superior Court on June 3, 2016 alleging that Harold Haynes’ lung cancer diagnosis was caused by asbestos exposure. The plaintiffs specifically alleged that Harold Haynes was exposed to asbestos-containing products as a career auto mechanic for Volkswagen dealerships in Washington and Oregon between 1964 and 1980. On July 15, 2016, the case was removed to the United States District Court for the District of Delaware. Defendant Volkswagen filed a motion to dismiss based on personal jurisdiction …
Continue ReadingInsulation Used On Nuclear Prototype “Ordinary Consumer Product” and Not Subject to Military Contractor Defense
Plaintiffs Wayne and Tina Yocum filed a renewed motion to remand which defendant CBS Corporation (Westinghouse) opposed. Wayne Yocum was diagnosed with mesothelioma and died on February 5, 2017. Without oral argument, the court granted the plaintiffs’ renewed motion to remand.
Wayne Yocum served in the Navy from 1965-75. Westinghouse supplied the asbestos-containing insulation that was used in his presence during his naval training on the A1W, a working prototype of a nuclear propulsion system. The plaintiffs originally filed this action in California, and only …
Continue ReadingSummary Judgment Upheld for Georgia Pacific Because Proof Didn’t Distinguish Between Asbestos and Non-Asbestos Product
Defendant Georgia Pacific was granted partial summary judgment, in that all claims against the defendant “pre-1973” were barred. The plaintiff filed a motion for reconsideration arguing that the court overlooked the fact that the defendant stopped distributing asbestos joint compound in September 1973.
In response to the plaintiff’s motion, the defendant argued that the court properly granted partial summary judgment relating to the plaintiff’s pre-1973 claims as the decision was based on a Stigliano analysis, which states “ when the record reveals that a defendant …
Continue ReadingSummary Judgment Granted For Plaintiff’s Failure to File Complaint Within the Statute of Limitations
Ms. Bagwell filed suit against several defendants, alleging her husband developed lung cancer from asbestos related to Borg Warner clutches. The plaintiff’s brother was the sole fact witness who recalled his brother performing clutch work starting in 1965 through the 1980s approximately one time per week. The plaintiff’s expert report stated that the plaintiff was exposed to asbestos containing products including exposure to asbestos from the clutches. Mr. Bagwell was diagnosed in May of 2009 and passed away on January 28, 2010. The plaintiff’s complaint …
Continue ReadingPump Manufacturer Obtains Summary Judgment Based on Lack of Maintenance History and Identification of Replacement Parts
Plaintiff Jill Dudley alleged that her husband Frank worked on pumps from 1966-67 while employed at Cam Chemical Company in Detroit, Michigan. Defendant FMC moved for summary judgment, which the court granted.
Frank Dudley testified that at least ten pumps were made by Chicago Pump; he broke down these pumps and repaired the gaskets. The court applied Michigan law, which required proof that the injured plaintiff was exposed to an asbestos-containing product for which a defendant was responsible. Michigan law also applied the substantial factor …
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