Category: Summary Judgment

New York / Summary Judgment
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Boiler Defendant Had No Duty to Warn; Granted Summary Judgment

U.S. District Court for the Southern District of New York, September 16, 2021

The decedent, John Grimes, and his domestic partner filed two lawsuits in New York State Court against two different sets of defendants, alleging that the decedent developed mesothelioma as a result of his exposure to asbestos-containing products while working at the Brooklyn Navy Yard in the early 1960s.

The decedent testified that he worked aboard the USS Constellation, and defendant Foster Wheeler admitted that it manufactured boilers that were present on this …

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California / Summary Judgment
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Grant of Summary Judgment to Contractor Reversed as Expert’s Declaration Was Not Given Appropriate Weight

Court of Appeal of California, First Appellate District, Division Five, September 2, 2021

In this asbestos action, decedent Michael Harris testified that he served as a hull maintenance technician on the U.S.S. San Jose from August 1973 until May 1974. During this time, he patrolled every part of the ship to check for fires and leaks, including in the boiler room. In Fall 1973, the Thomas Dee Engineering Company performed repairs on the boilers, including removal of the existing insulation and refractory material. While Harris …

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Delaware / Summary Judgment
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Court Overrules Objections and Adopts Report Denying Boiler Manufacturer’s Motion for Summary Judgment

U.S. District Court for the District of Delaware, August 18, 2021

As reported in July by Asbestos Case Tracker, the plaintiff filed this action against multiple defendants in the Superior Court of Delaware, asserting claims arising from the decedent’s exposure to asbestos. The plaintiff alleges that the decedent developed mesothelioma as a result of his exposure to Foster Wheeler’s asbestos-containing equipment and replacement boiler components during his service as a boiler tender in the United States Navy. Foster Wheeler removed the case to federal …

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Louisiana / Personal Jurisdiction / Summary Judgment
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Louisiana Court Maintains Personal Jurisdiction over Foreign Successor Corporation

Court of Appeal of Louisiana, Second Circuit, August 11, 2021

From 1953 to 1954, the decedent, Charles Hayes, was employed as a laborer and assistant operator at a variety of plants in Louisiana. In 2017, Hayes and his family filed suit against multiple defendants, alleging that Hayes was exposed to asbestos while working with insulation, gaskets, and packing materials at these plants. Hayes was diagnosed with mesothelioma in 2016, and passed away in 2018.

One of the plants where Hayes alleged exposure to asbestos was …

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Summary Judgment / Washington
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Summary Judgment Proper When Plaintiffs Fail to Establish Sufficient Exposure to Asbestos

U.S. District Court for the Western District of Washington, August 5, 2021

Decedent John Dale Wineland, who developed mesothelioma and subsequently died, worked aboard Navy ships and in Navy offices between 1963 and 1984. The plaintiffs allege that the decedent was exposed to asbestos contained in Cleaver-Brooks products while aboard the USS Tuscaloosa, where he worked in the engine rooms. The plaintiffs assert that defendant Cleaver-Brooks is liable for the decedent’s illness and death under theories of negligence and strict liability.

Cleaver-Brooks filed a …

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Summary Judgment / Utah
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Premises Defendants Liable for Take-Home Asbestos Exposure

Supreme Court of Utah, August 5, 2021

Larry Boynton brought this suit on behalf of his deceased wife, Barbara Boynton, alleging that her indirect exposure to asbestos from Larry’s job sites in the 1960s and 1970s, through asbestos dust left in the family car and Barbara’s laundering of Larry’s work clothes, caused her mesothelioma and resulting death. The three job site operator defendants each moved for summary judgment, arguing that they did not owe a duty of care to Barbara. The district court denied the …

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Appeal / Summary Judgment
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Boiler Refractory Contractor’s Summary Judgment Reversed due to Exposure Question of Fact

Court of Appeal of California, First Appellate District, Division Five, August 4, 2021

In this matter, the decedent was diagnosed with mesothelioma in March 2014. The decedent and his wife sued numerous defendants, including Thomas Dee Engineering Company (Thomas Dee) based on the decedent’s exposure to asbestos while serving in the U.S. Navy. Specifically, the plaintiffs alleged that Thomas Dee performed repairs on USS San Jose boilers during fall 1973. The decedent testified that he worked in the boiler room and saw others work in …

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Louisiana / Maritime/Admiralty Law / Summary Judgment
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Wallboard Manufacturer Denied Summary Judgment Due to Issue of Fact

U.S. District Court for the Eastern District of Louisiana, August 2, 2021

In August 2019, plaintiff Patricia Jackson brought a lawsuit for asbestos exposure in Orleans Parish Civil District Court against a number of defendants. On March 25, 2020, the case was removed to the U.S. District Court for the Eastern District of Louisiana by the Avondale defendants following the United States Court of Appeals for the Fifth Circuit’s decision in Latiolais v. Huntington Ingalls, Inc., which held that removal under section 1442(a) is …

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Maritime/Admiralty Law / Summary Judgment / Washington
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Valve Manufacturer Granted Summary Judgment on Causation Grounds

U.S. District Court for the Western District of Washington, August 2, 2021

In this asbestos action, the plaintiff alleges that the decedent, John Dale Wineland, worked aboard a series of Navy ships and in Navy offices between 1963 and 1984. The plaintiffs allege that Mr. Wineland was exposed to asbestos contained in Powell products while aboard the USS Tuscaloosa between 1972 and 1974. Mr. Wineland worked primarily in the engine rooms of the ships to which he was assigned, repairing and maintaining machinery and equipment …

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Rhode Island / Summary Judgment
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Boiler, Burner, and Furnace Manufacturer Failed to Meet Summary Judgment Burden

Superior Court of Rhode Island, Providence, July 21, 2021

In this asbestos action, Gerard Wallace (decedent) serviced and repaired existing boilers and furnaces, performed coal-to-oil conversions, and installed new boilers and furnaces. Defendant Electrolux moved for summary judgment, arguing that the plaintiff did not adduce evidence showing that the decedent worked with or around an Electrolux or Williams Oil-O-Matic product which had original asbestos-containing components manufactured, sold, or supplied by Electrolux or Williams Oil-O-Matic. While the plaintiff attempted to argue that Rhode Island substantive law …

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