Dissolved Company Failed to Meet Notice Requirements of Statute of Repose

Defendant Grover S. Wormer Company, individually and as successor-in-interest to Wright-Austin Company, brought a motion to dismiss the asbestos litigation filed on behalf of Frank D’Amico in the Superior Court of Rhode Island, Providence.  Wormer originally brought its motion under Super. R. Civ. P 12(b)(6) and contended that the plaintiff’s claims for liability are barred under Michigan’s Business Corporation Act Chapter 8 (the BCA), which governs the dissolution of corporations and provides a Statute of Repose to bar continued liability.  The plaintiff did not contest …

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Rhode Island Court Applies Maine Law to Deny Summary Judgment to Insulation Contractor

The plaintiffs alleged negligence and breach of warranty based upon asbestos exposure sustained by decedent during his work at various job sites through the Laborer’s Union from 1969-1990. Defendant New England Insulation Company (NEI) filed a motion for summary judgment based upon various theories, which the court denied.

During his deposition, the decedent testified that he worked as a laborer for general contractors at job sites in Maine.  From 1973-1976 he worked at International Paper Mill around other trades, such as pipefitters and insulators. His …

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Court Affirms Summary Judgment in Part Regarding Turbines But Reverses in Part as to Switchgears by Same Manufacturer

The plaintiff brought his action on behalf of his decedent’s estate alleging that Howard Frankenberger developed lung cancer as a result of his work around asbestos containing insulation on turbines at various powerhouses in Illinois and Indiana. The turbines were alleged to have been manufactured by Westinghouse. Howard Frankenberger worked as a pipefitter at State Line Generating Station, Will County Generating Station, and Acme Steel from approximately 1953-1999. As for exposure, he was allegedly exposed to asbestos from turbines and switchgears.

Expert testimony established that …

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Appeals Court finds No Conflict of Laws and Reverses Dismissal Based on Alaska Statute of Repose

Plaintiff Larry Hoffman filed suit in the Superior Court of Washington, Pierce County against numerous defendants alleging he developed mesothelioma from exposure to asbestos. Specifically, Hoffman is alleging take-home exposure from his father working as a welder for Ketchikan in Alaska in the 1950s and 1960s. Hoffman also alleges exposure from his own work at Ketchikan pulp mills in the 1960s and 1970s. Each mill featured steam turbines manufactured by General Electric (GE). Although it operated solely in Alaska, Ketchikan is a Washington corporation, having …

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Insulation Found to be Integral to Turbine as Court Grants Renewed Motion for Summary Judgment Based on Statute of Repose

The plaintiff brought this action against defendants, including Westinghouse, for Earl Norberg, her decedent’s, alleged development of lung cancer as a result of his work around asbestos containing products while working at the Joliet and Romeoville Power stations.

The plaintiff’s fact witness was Mr. Norberg’s brother, Howard, who recalled that he and the plaintiff worked at Joliet Power Station from 1963-65 and again in the mid-1970s. Specifically, he testified that workers were insulating a turbine at Unit 9 while Units 7 and 8 were being …

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Boiler Manufacturers Obtain Summary Judgment Based on Statute of Repose

In this case, the decedent, Ralph Vitale, alleged exposure to asbestos from the installation of Burnham and Weil-McLain residential boilers during the course of his work through his own HVAC and plumbing business between 1966 and 1979.  Defendants Burnham, LLC and Weil-McLain, a division of the Marley-Wylain Company, moved for summary judgment  on the basis that no cause of action accrued against them pursuant to Maryland’s statute of repose, codified at Sec. 5-108 of the Maryland Code, Courts and Judicial Proceedings article. Maryland’s statute of …

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Dismissal of Third-Party Complaint Brought by City of Phoenix Against Contractors and Developers Upheld on Appeal Based Upon Statute of Repose

In 2013, Carlos Tarazon filed a lawsuit against the City of Phoenix, alleging that he developed mesothelioma as a result of asbestos exposure while performing pipe installation and other repairs for the city on projects that took place between 1968 and 1993. The city, in turn, filed a third-party complaint against the developers and contractors responsible for the planning, design and construction of the projects, seeking defense and indemnification pursuant to the construction contracts at issue and city ordinances incorporated within other development permits.

The …

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Section 2 of the Indiana Product Liability Act Statute of Repose Found Unconstitutional

In this federal court case, three appeals regarding the constitutionality of the Indiana product liability act statute of repose were consolidated for review. Several defendants moved for summary judgment based on the statute of repose in each of the cases with various results. The plaintiffs now argue that section 2 of the statute draws a constitutional impermissible distinction between asbestos plaintiffs who have claims against defendants who both mined and sold raw asbestos and asbestos and those asbestos plaintiffs that have claims against defendants that …

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Work Performed by Insulation Contractor was Maintenance, Not Improvement, to Real Property; Wisconsin Statue of Repose Did Not Bar Asbestos Claims

In a follow-up decision from yesterday’s report regarding the summary judgment granted to Foster Wheeler, Sprinkmann Sons Corporation also moved for summary judgment.  The Wisconsin federal court denied this motion.

The decedent was a steamfitter; two co-workers testified regarding their work with the decedent at various industrial facilities. They overhauled turbines and tanks, and removed/installed insulation. Sprinkmann was an insulation contractor for at least two of these facilities and moved for summary judgment based on: (1) no evidence Decedent was exposed to Sprinkmann asbestos-containing products; …

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Statute of Repose Doesn’t Apply in Reversal of Summary Judgment as Evidence Regarding Work Deemed Insufficient to Show an Improvement to Property

In this case, the plaintiff, Sandra Brezonick, alleged that the decedent, John Brezonick, was exposed to asbestos at various sites while working as a steamfitter in the Milwaukee area between 1966 and 2000. The plaintiff’s complaint alleged product liability, negligence and safe place statute claims under Wis. Stat. § 101.11 against numerous defendants.  The defendants included property owners Pabst Brewing Company, Miller Brewing Company and Wisconsin Electric Power Company (WEPCO) — where asbestos was allegedly used — and insulation contractor Sprinkmann Sons Corporation, which allegedly …

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