Rhode Island Superior Court, Applying Ohio Law, Dismisses Claims Based on Bare Metal Defense and Statute of Repose

This case involves an interesting discussion regarding the conflict between Ohio and Rhode Island law on the bare metal defense, the sophisticated user doctrine, state of the art, the open and obvious defense, the statue of repose, joint and several liability, compensatory damages, and punitive damages. The Rhode Island court ruled that Ohio law applied to this case on those issues and proceeded to consider the defendants’ summary judgment motions under Ohio law.

On the bare metal defense, the court granted summary judgment to the …

Continue Reading

Turbine Manufacturer’s Motion for Summary Judgment Denied on Statute of Repose; Gasket Manufacturer’s Motion Granted for Lack of Product ID

In this federal court case, the decedent, Charles Nuutinen, is alleged to have been exposed to asbestos while working as a pipefitter from 1959 through 1996 at various jobsites in Wisconsin, including the Point Beach Nuclear Power Station. The defendant, CBS, the entity responsible for turbine manufacturer Westinghouse Electric Corporation, moved for summary judgment on the Wisconsin statute of repose and gasket manufacturer John Crane moved for lack of product ID. The court denied CBS’ motion, but granted Crane’s motion.

CBS argued, and the plaintiff …

Continue Reading

Question of Fact Found Regarding if Asbestos Insulation Supplied by Company Was for Improvement of Real Property as Required Under Wisconsin Statute of Repose

In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS), a supplier of asbestos insulation to the decedent’s employers, moved for — and was granted — summary judgment on the Wisconsin statute of repose, WIS. STAT. § 893.89(2) (2013-14). The plaintiff appealed, arguing that material …

Continue Reading

Court Avoids Statute of Repose While Dismissing Plaintiff’s Claims on Lack of Causation

Plaintiff Todd  Alexander commenced a wrongful death action claiming decedent Richard Alexander was exposed to asbestos in connection with his sheet metal, heating, and plumbing business. Defendants Auer and Milwaukee Stove moved for summary judgment under Wisconsin’s Statute of Repose and, in the alternative, along with defendant CertainTeed, on lack of causation. The lower court granted Auer’s and Milwaukee Stove’s motion based on the Statute of Repose and CertainTeed’s motion based on causation.

On appeal, the Wisconsin Court of Appeals avoided ruling on the Statute …

Continue Reading