Category: Summary Judgment

Summary Judgment / Washington
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Pump Defendant Granted Summary Judgment Based on Lack of Proximate Exposure

WASHINGTON – In a case extensively covered by the Asbestos Case Tracker, the court granted the summary judgment motion of pump defendant Ingersoll-Rand. Rudie Klopman-Baerselman, the decedent, alleged that he developed mesothelioma as a result of exposure to asbestos through his work on equipment while he served in the Merchant Marines. As proof of exposure, the plaintiff had produced documents indicating the presence of Ingersoll-Rand pumps and compressors aboard ships on which the decedent served, as well as expert reports opining that he would have …

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Other Asbestos News / Summary Judgment
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Aircraft Manufacturer’s Opposition to Plaintiff’s Attempt to Apply English Law Granted

MARYLAND – The plaintiff, Richard Fullen, alleged that he developed mesothelioma from exposure to asbestos during his work as an aircraft mechanic in the United States Air Force from 1994 to 2016. The court ruled on three motions:

  1. Defendant Velan Valves’ unopposed motion for summary judgment
  2. The plaintiff’s motion to strike defendant Lockheed Martin’s fact witness designation
  3. Defendant Lockheed Martin’s motion for a determination of governing law

Both defense motions were granted but the plaintiff’s motion was denied.

Regarding the motion to strike, Lockheed had …

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Summary Judgment / Washington
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Expert Report Summarizing Exposure to General Products Insufficient to Defeat Pump Defendant’s Motion for Summary Judgment

WASHINGTON – , A federal court in Washington granted a summary judgment motion brought by pump defendant Air & Liquid Systems Corporation (Buffalo Pump) in a case extensively covered by the Asbestos Case Tracker dealing with Merchant Mariner Rudie Klopman-Baerselman, the decedent  who died of mesothelioma. As proof of exposure, the plaintiff had produced an inspection report for the HMS Ranee from 1943 referencing Buffalo Pump.  The plaintiff also produced an expert report by James Delaney, a navel expert, opining that asbestos-containing thermal insulation would …

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New York / Summary Judgment
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Plaintiff’s Failure to Raise Triable Question of Fact on Causation Leads to Grant of Summary Judgment for Talc Defendant

NEW YORK – Marsha Madar filed suit against Colgate-Palmolive, alleging she developed perionteal mesothelioma as a result of her use of Cashmere Bouquet talcum powder in the 1970s. It was undisputed that she shared with her mother and sister just two bottles of Cashmere Bouquet. She also recalled using hundreds of bottles of other talcum powder. Colgate moved for summary judgment arguing that:

  1. The talc in its Cashmere Bouquet did not contain asbetsos
  2. There is no general causation as a matter of law, because even
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Ohio / Summary Judgment
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Court Denies Motion to Dismiss Coverage Action, But Grants Colorado River Abstention

OHIO – The William Powell Company, which manufactured asbestos-containing valves and other products, fought a two-front coverage battle with its insurers regarding defense and indemnity for various personal injury cases filed against the company. In Ohio state court, Powell sought a declaratory judgment that it had the right to allocate sums expended to settle various cases, both retrospectively and prospectively. Powell later revised its claims to include breach of contract and a request for money damages. In federal court, Powell filed a lawsuit alleging breach …

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Maryland / Summary Judgment
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Brake Manufacturer denied Summary Judgment Despite Evidence as to Warnings prior to decedent’s exposure date

MARYLAND – The plaintiffs filed suit alleging John Dugger developed and passed away from mesothelioma as a result of exposure to Honeywell’s Bendix brakes. Specifically, the plaintiff alleged exposure to asbestos while working at his own automobile repair shop, Personal Auto, from 1980-1984 and while working as a mechanic at H and S Bakery from 1980-1982.

Honeywell moved for summary judgment. The plaintiff filed a response in opposition to Honeywell’s motion for summary judgment. The parties disagreed as to whether or not Bendix placed warnings …

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North Carolina / Statute of Limitations / Summary Judgment
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North Carolina Statute of Limitations Bars Mesothelioma Claim

NORTH CAROLINA – The plaintiff, Jody Ratcliff, filed a complaint on March 1, 2017 alleging that her mesothelioma was caused by exposure to asbestos. She sued several groups of defendants, including friction and talc defendants. She alleged that she was exposed to asbestos during the summers from 1987 to 1989 while visiting garages with her father, who was a tool salesman. She also alleged using talc products that allegedly contained asbestos, from 1977 to 2016. The four remaining defendants – Ford; Brenntag Specialties; Whittaker, Clark …

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New York / Summary Judgment
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Plaintiff’s Failure to Establish Exposure to Specific Products Leads to Grant of Summary Judgment for Roofing Defendants

NEW YORK – The plaintiff, Darlene DiNatale, filed suit against the defendants, Bird Incorporated and Certainteed Corporation, alleging she developed peritoneal mesothelioma as a result of exposure to asbestos in which Bird and Certainteed were liable. Specifically, she claimed that she was exposed to asbestos from cleaning her father’s office. The plaintiff’s father worked as a home improvement contractor for Fillmore Construction. She also alleged that she was exposed to asbestos through the dust that came off of her father’s work clothes. Bird and Certainteed …

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Summary Judgment
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Two Brake Manufacturers Prevail on Summary Judgment Based Upon Lack of Causation

WASHINGTON — In another decision in a case heavily reported by this Asbestos Case Tracker, the Western District of Washington granted summary judgment for Standard Motor Products (SMP) and Parker-Hannifin (collectively EIS). With regard to those defendants, the plaintiff alleged that decedent was exposed to asbestos while performing maintenance on his automobile brakes from 1996 to 1997. SMP and Parker moved for summary judgment based upon a lack of product identification.

In response to those motions, the plaintiff argued that the decedent was exposed …

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Case Decisions / Summary Judgment / Washington
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Defendant’s Motion for Summary Judgment Granted Due to Lack of Causation

In a case extensively covered by Asbestos Case Tracker, the Western District of Washington considered another defendant, Henry Company LLC’s, motion for summary judgment.

The seminal products liability case in Washington, Lockwood v. AC & S, Inc., enumerates seven factors to consider when “determining if there is sufficient evidence for a jury to find that causation has been established:”

  1. The plaintiff’s proximity to an asbestos product when the exposure occurred;
  2. The expanse of the work site where asbestos fibers were released;
  3. The extent
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