On December 13, 2013, plaintiff James F. Piper was diagnosed with mesothelioma and filed suit in the Circuit Court for Baltimore City on March 26, 2014 for damages caused by his occupational asbestos exposure. Piper worked as a steamfitter at the Morgantown Generating Station in Woodzell, Maryland. In early 1970, defendant Westinghouse installed a turbine generator at this site to which the specifications called for the use of insulation containing asbestos. Piper testified that while he did not work directly on the installation of the …
Continue ReadingCategory: Summary Judgment
Summary Judgments Based on Wisconsin Safe Place Statute and Statute of Repose Denied
The court issued another decision in a case originally reported in Asbestos Case Tracker on May 15, 2017. Plaintiffs Daniel and Beverly Ahnert originally filed a case in 2010 alleging Daniel Ahnert developed asbestosis; that case was transferred to the MDL of the Eastern District of Pennsylvania. In 2013 Beverly Ahnert filed a new case in the Eastern District of Wisconsin after Daniel Ahnert died of asbestos-related diseases. In September 2014, the 2011 case was remanded back to Wisconsin. The plaintiff then moved to consolidate …
Continue ReadingSufficient Exposure Found to Reverse Prior Summary Judgment Decision in Favor of Asbestos Supplier
In October 2010, the plaintiff, Thomasina Fowler, individually and as administrator of the estate of Willis Edenfield (the decedent), brought a wrongful death and product liability action in the Superior Court of New Jersey against various defendants. The plaintiff alleged the decedent passed away from mesothelioma caused by asbestos exposure associated with defendants’ products. The complaint was filed after the decedent’s death and he was never deposed. Therefore, during discovery, the plaintiff produced two witnesses to testify as to the decedent’s occupational history. The decedent …
Continue ReadingDeere Granted Summary Judgment Based on Speculation Tractor Contained Asbestos Parts it Manufactured
The Superior Court of Delaware issued another ruling in a case reported in Asbestos Case Tracker on May 15, 2017. In this ruling, the court granted defendant Deere & Company’s motion for summary judgment. The decedent died from lung cancer. Counsel stipulated that his asbestos exposure occurred from 1955-79. Prior to his death, the decedent gave a deposition stating that he worked on “older” John Deere tractors from 1953-79. This work included grinding head gaskets once per year or every other year. Replacement parts came …
Continue ReadingNo New Facts Alleged in Plaintiff’s Motion for Reargument; Reargument Denied
On February 2, 2017 the Superior Court of Delaware granted defendant Georgia Southern University Advanced Development Center’s (Herty) motion for summary judgment. The plaintiffs since filed a motion for reargument and reconsideration of that order. Dorothy Ramsey alleged that Herty, a manufacturer of an asbestos paper product, negligently failed to warn her of the risks of take-home asbestos exposure due to her husband’s workplace exposure from 1976-80. The plaintiff alleged that Herty’s failure to warn of the danger was a proximate cause of the decedent’s …
Continue ReadingFord Granted Summary Judgement in Two Automotive/Tractor Cases in Delaware
Ford was granted summary judgment in two matters pending in the Superior Court of Delaware.
First, plaintiff Paul Norris brought suit against Ford Motor Company alleging that he developed an asbestos related disease as a result of his occupational and non-occupational exposure to asbestos while performing work on Ford brakes, clutches, and gaskets. The plaintiff started working on his father’s farm in 1960, which included work on a Ford tractor. The plaintiff testified that the new brakes and clutches used for his tractor work were …
Continue ReadingDecedent’s Work Falls Outside Wisconsin’s Statute of Repose; Summary Judgment Denied
This matter stems from a series of filings. In 2010, plaintiffs Daniel and Beverly Ahnert filed an asbestosis claim on February 25, 2010. That case was transferred to Multidistrict Litigation in the Eastern District of Pennsylvania. Two and a half years later, Beverly Ahnert, as the executrix of the estate of Danial Ahnert, filed a new complaint in the Easter District of Wisconsin alleging that Daniel Ahnert passed away as a result of an asbestos related disease. This matter deals with defendant Sprinkmann Sons, Inc. …
Continue ReadingCompound Manufacturer’s Directed Verdict Reversed
The estate of decedent Ronnie Startley filed a complaint against multiple defendants, including Welco Manufacturing Company, alleging that the defendants’ products caused the decedent to contract mesothelioma. All defendants except Welco either were dismissed or settled with plaintiffs prior to trial. Welco proceeded to trial. After trial, the trial court directed a verdict in favor of Welco, holding that there was not sufficient evidence to create an issue of material fact as to whether the use of Welco’s products caused the decedent to develop mesothelioma. …
Continue ReadingCoke Ovens are Real Property and Not Subject to Product Liability Theories
Defendant Honeywell International, Inc., successor in interest to Wilputte Coke Oven Division of Allied Chemical Corporation, appealed from an order denying its motion for summary judgment. The plaintiff sought damages for injuries sustained by decedent Donald Terwilliger from asbestos exposure and coke oven emissions while employed at Bethlehem Steel in Lackawanna, New York. The court reversed and granted Honeywell’s motion.
Honeywell was sued as the successor to Wilputte Coke Oven Division of Allied Chemical, the designer and builder of five coke oven batteries at Bethlehem …
Continue ReadingAutomotive Manufacturer Had No Duty to Warn Regarding Third Party Replacement Parts
The plaintiffs alleged Ford Motor Company was negligent in failing to warn decedent of the dangers posed by servicing asbestos brake parts in Ford vehicles. The decedent was a mechanic who died of mesothelioma. Ford moved for summary judgment, arguing that Ford had no duty to warn about asbestos replacement brake parts made by third parties, and the plaintiffs failed to produce evidence that decedent was exposed to Ford asbestos brake parts. The trial court ruled that Ford had no duty to warn about third …
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