In this federal court case, it was alleged that the decedent, Barbara Bobo, had secondary take-home exposure to asbestos from laundering her husband’s work clothes. Her husband worked at the Browns Ferry Nuclear Plant, operated by Tennessee Valley Authority (TVA) from 1975-1997. Following denial of TVA’s motion for summary judgment, the case went to bench trial, where the court’s findings of fact supported that Mr. Bobo was exposed to asbestos at the plant from items such as insulation, roofing cement, gaskets, and pump packing. In …
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Defendant Establishes Colorable Defense Under Federal Law, Plaintiff’s Motion to Remand Denied
The plaintiff filed this action in Madison County, Illinois, alleging injury due to asbestos exposure. The defendants, CBS and General Electric, removed the action to federal court under federal officer removal statute 28 U.S.C. 1442. The plaintiff filed a motion to remand, which the court denied. The court cited the United States Supreme Court in listing the three elements required to establish a colorable defense to the use-of-asbestos claim: (1) the United States approved reasonably precise specifications; (2) the equipment conformed to those specifications; (3) …
Continue ReadingApplying Maritime Law, Defendants’ Summary Judgment Motions Denied in Case Alleging U.S. Navy Exposure
The plaintiff alleged he developed severe asbestosis as a result of inhaling asbestos while serving in the United States Navy. Three defendants — John Crane, General Electric, and Ingersoll-Rand — moved for summary judgment. In deciding the motion, the court determined whether maritime or Illinois law applied. A plaintiff’s exposure in a products liability claim must meet both a locality test and a connection test in order to apply maritime law. The locality test analyzes whether the tort occurred on navigable water, or, if the …
Continue ReadingDefendants’ Motion in Limine To Exclude Expert Testimony on “Each and Every Exposure” Opinion Denied Based on Federal and Illinois Law
Various defendants filed a motion in limine to exclude the testimony of Matthew A. Vuskovich, M.D., M.S.P.H., arguing that he does not satisfy the requirements for expert testimony outlined in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). Specifically, defendants sought to exclude his opinions based on the “every exposure” theory, because it is not accepted by the scientific community or the courts. The court denied the motion, as Federal Rule of Evidence 702 allowed for the theoretical basis for Dr. Vuskovich’s …
Continue ReadingDecedent’s At-Home Asbestos Exposure From Employer’s Products Does Not Bar the Application of California Workers’ Compensation Act
After working for defendant Ameron International for approximately 24 years, Lario Melendrez passed away from mesothelioma. The plaintiffs commenced a wrongful death action, alleging Mr. Melendrez was exposed to asbestos both during the manufacture of Ameron’s Bondstrand pipe products and in bringing scrap products home for use. Ameron moved for summary judgment, arguing that the plaintiffs’ sole remedy against Ameron lies in the California Workers’ Compensation Act. The trial court granted summary judgment and the appellate court affirmed. While the issue of whether Mr. Melendrez’s …
Continue ReadingGranting of Summary Judgment to Radio Manufacturers Overturned Based on Circumstantial Evidence
In this case, the decedent, Kenneth Anderson, was allegedly exposed to asbestos while working as a radio and television repairman in the 1960s and 1970s. Prior to trial, radio manufacturers Zenith and Motorola moved for — and were granted — summary judgment, arguing that the plaintiff could not “provide evidence regarding what radios Anderson actually repaired, whether those radios contained asbestos, and if so, who manufactured or distributed those asbestos-containing parts.”
On appeal, the plaintiff argued that the trial court erred, since the decedent had …
Continue ReadingConnecticut Appellate Court Affirms Dismissal of Asbestos Action for Failure to Prosecute the Action with Reasonable Diligence
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 ReadingCourt Applies Delaware’s Borrowing Statute in Granting Defendants’ Summary Judgment on Statute of Limitations
In this case, the plaintiff alleged that his lung cancer was caused by exposure to several defendants’ asbestos-containing products while he was working in Michigan. The plaintiff and his wife filed their claim in Delaware and all defendants moved for summary judgment, arguing that the action was untimely under the Delaware statute of limitations, which they claimed applied pursuant to Delaware’s “Borrowing Statute,”10 Del. C. 8121.
The court agreed and granted defendants’ motions for summary judgment. The court pointed out that the parties had agreed …
Continue ReadingPreclusion of Plaintiff’s Expert Witness and Defendant’s Investigation of Juror Do Not Warrant New Trial
In this federal case, the plaintiff, Charles Krik, sued Owens-Illinois and ExxonMobil and claimed they negligently exposed him to asbestos, causing his lung cancer. The case went to trial and a verdict was returned in favor of the defendants as the jury found that the plaintiff’s smoking was the sole cause of his lung cancer. The plaintiff subsequently moved for a new trial, arguing that the exclusion of his expert was in error and prejudicial and that Mobil’s investigation of contact between the plaintiff and …
Continue ReadingCalifornia Appellate Court Holds No Duty for Vessel Owner Based on No Active Control
In this mesothelioma case, the decedent worked for a vessel repair company and performed repair work on a vessel involving pipe insulation possibly containing asbestos. His estate sued the vessel owner under “both the Longshore & Harbor Workers’ Compensation Act, 33 United States Code section 905(b) (the Act, or section 905(b)) and state law.” The vessel owner moved for summary judgment on a number of grounds, including that it did not actively control the area where the alleged exposure occurred. The lower court granted the …
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