Pipe Manufacturer’s Evidence Not Enough Under Causation Standard for pre-1982 claims; Summary Judgment Denied

The plaintiffs filed an action in the Superior Court of Delaware against defendant CertainTeed Corporation alleging that the plaintiff, Jack Trousdale, was exposed to asbestos from CertainTeed’s products. The plaintiffs contend that Mr. Trousdale purchased a flat-bed tractor trailer in 1972 to work as an independent truck driver, and as part of his job Mr. Trousdale shipped CertainTeed pipe. The plaintiffs presented evidence that the defendant sold asbestos-cement pipe from Ambler, Pennsylvania from 1962 through 1982.

CertainTeed filed a motion for summary judgment. The court …

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Plaintiff’s Medical Expert Permitted to Testify After Reversal of Judgment Barring Opinion

Plaintiffs brought suit against several defendants including TRZ Realty, alleging their decedent developed colon cancer as a result of occupational exposure to asbestos. William Duty worked as a drywall taper for over 40 years.

Before trial, TRZ filed a motion in limine challenging Dr. Revels Cayton’s qualifications to testify as to the causal connection between colorectal cancer and Plaintiff’s exposure to asbestos. After the trial court’s hearing, the court disqualified Dr. Cayton. The plaintiffs conceded they could not prevail at trial without his testimony. The …

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Various Product Manufacturers Granted Summary Judgment Under Maritime and Oregon Law

Harold and Judy Haynes filed this asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 3, 2016, asserting claims arising from Mr. Haynes’ alleged harmful exposure to asbestos. Defendant Crane Co. removed the action to U.S. District Court in Delaware on July 15, 2016. Defendants Aurora, Warren Pumps, Pfizer, FMC, Honeywell, BorgWarner, and Air & Liquid filed motions for summary judgment on March 24, 2017.The plaintiffs did not respond to these motions. Counsel for the defendants sent letters to …

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Generic Expert Report Insufficient to Satisfy Summary Judgment Causation Standard

Plaintiff James Blair as the administer of the estate of Walter Godfrey, Jr. filed suit against defendant Cleaver-Brooks in the Superior Court of Delaware claiming that the decedent was exposed to asbestos from the defendant’s boilers and a result, was diagnosed and ultimately passed away from lung cancer. As the sole product identification witness, Walter Godfrey, Jr. testified to working with Cleaver-Brooks boilers at various locations between 1977 and 2013 while employed with Connecticut Boiler Repair.

The defendant moved for summary judgment and argued, among …

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Plaintiff Failure to Establish Retailer’s Knowledge of Danger of Asbestos Leads to Summary Judgment

Plaintiffs brought this suit against multiple defendants for Mr. Glaser’s alleged asbestos related injuries. Scott Glaser alleged that he was exposed to asbestos floor tile sold by Sears and Roebuck (“Sears”) while working for various employers. His work required him to clean up “scraps or pieces of floor tile off the floor.” Defendant took the position that it was a retailer and never “mined, milled, processed, or distributed wholesale asbestos containing products.” The Court noted that under Michigan law for a products liability action, a …

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Summary Judgment Denied Upon Showing that Defendant’s Boilers Contained Asbestos Gaskets and Rope

Plaintiff Clarence Dionne filed suit against several defendants including Cleaver Brooks alleging that he was exposed to asbestos while working at the Bay Area Medical Facility. Plaintiff alleged that he “scraped off the rope gaskets and supervised this task” on the doors of Defendant’s boilers. Not only did he personally perform this work but he also supervised others in the process. After a promotion in 1975, he took on the task of ordering replacement parts through his secretary. The replacement gaskets and insulation were supplied …

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Summary Judgment Granted upon Plaintiff’s Failure to Establish Replacement Parts Supplied by Valve Defendant

Plaintiff brought this action against several defendants including Fairbanks Company alleging exposure to asbestos while working with Defendant’s valves. Specifically, Plaintiff recalled working with globe, gate and ball valves for various employers and locations. Plaintiff also testified that he replaced packing in the valves and personally removed external insulation to repair the valves. Plaintiff assumed that the packing he encountered contained asbestos based on the high heat application of the equipment.

Fairbanks argued that no evidence pointed to it having made asbestos packing Plaintiff encountered. …

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Plaintiff Fails to Demonstrate Decedent Worked with Boiler Manufacture’s Product; Summary Judgment Granted

Dorothy Charbonneau filed suit in the Superior Court of Delaware against multiple defendants alleging the defendants’ use of asbestos caused her husband, Robert Charbonneau, to contract an asbestos related disease.  Mr. Charbonneau testified that he believed he was exposed to asbestos while maintaining and cleaning multiple boilers manufactured by Cleaver-Brooks throughout his employment career.  Mr. Charbonneau also testified that he removed a sectional boiler during employment with Smith Mechanical. He testified that the boiler may have been Cleaver-Brooks but stated that he believed this because …

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Wrongful Death Claims Barred by Res Judicata from Prior Loss of Consortium Case

In this wrongful death case, plaintiff Janet Stewart appealed the grant of summary judgment to Union Carbide that her loss of consortium claim was barred by res judicata. The plaintiff also argued a miscarriage of justice in the setoff of her deceased husband’s settlement with two asbestos bankruptcy trusts against her entire economic damage award. The court affirmed both rulings.

Larry Stewart worked as a plumber from 1968-2007 when he was diagnosed with mesothelioma. He and his wife filed a personal injury lawsuit (Stewart I). …

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California Government Claims Act Bars Plaintiffs’ Asbestos Action for Untimely Commencement

Plaintiffs Sandra Reyes Jauregui and Mario Reyes Jauregui filed a first amended complaint against the City of Pasadena arising from Sandra Jauregui’s mesothelioma. The City demurred to the complaint, arguing that the plaintiffs failed to comply with the Government Claims Act, requiring presentation of the claim to the City within six months of the date of Sandra’s mesothelioma diagnosis. The court agreed and issued a writ sustaining the demurrer.

The plaintiffs originally filed a complaint against various defendants due to her father’s asbestos exposure while …

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