In this New York case out of Nassau County, the plaintiff alleged asbestos exposure to various products while working as a truck mechanic from the late 1950s to the mid 1990s. The plaintiff testified at his deposition that he removed and installed Eaton clutches on trucks from 1961 to 1970. Eaton moved for summary judgment and attached the affidavit of Roger Hobbie, who was employed in various capacities at Eaton from 1959 to 1997. In his affidavit, Mr. Hobbie stated that between 1959 until the …
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Defendants Fail to Make Prima Facie Entitlement to Summary Judgment Since They Failed to Show Their Products Could Not Have Contributed to Decedent’s illness or Death
In this case, the decedent alleged exposure to asbestos while working at Republic Steel from the early 1960s through the early 1970s. It is claimed he was exposed to insulation materials that were removed and installed in his vicinity while he was a laborer and to materials used to make “hot tops” while a crane operator. Defendants Insulation Distributors, Inc. (IDI), Beazer East, and Ferro Corporation all moved for summary judgment, arguing that the plaintiff failed to prove that the decedent, who died prior to …
Continue ReadingWife’s Testimony on Decedent’s Use of Brake Product and Expert Causation Testimony Held Sufficient to Defeat Summary Judgment
In this federal court case, decedent Richard Bell alleged exposure to asbestos while performing car maintenance from 1964 through the late 1970s. Defendant Honeywell, as successor of Bendix, moved for summary judgment, arguing that the decedent’s wife’s deposition testimony that the decedent used Bendix brakes with the word “asbestos” on the packaging was hearsay; that the testimony could not be used against it to oppose summary judgment since it was taken prior to Honeywell becoming a party; and that the plaintiff failed to show the …
Continue ReadingFederal Court Grants and Denies Various Summary Judgment Motions, Based on Maritime and Civil Law
Defendants Crown Cork & Seal, CBS Corporation, General Electric, Crane Co., Gardner Denver, John Crane, Link-Belt Construction Equipment, and Riley Power filed motions for summary judgment pursuant to Federal Rule of Civil Procedure 56. The case had been removed to federal court pursuant to the Federal Officer Removal Statue. The plaintiff alleged he developed pleural mesothelioma due to asbestos exposure during Naval service and while employed by Louisville Gas & Electric. Many other defendants moved for summary judgment on other grounds; this case addressed those …
Continue ReadingNYCAL Court Rules a Plumber Dismantling a Sectional Boiler Was a Foreseeable User of That Product
In this NYCAL mesothelioma case, the plaintiff worked as a plumber from 1984-1996, disassembling plumbing equipment including Cleaver Brooks cast iron sectional boilers. Cleaver Brooks initially moved for summary judgment on the grounds that a plumber such as the plaintiff was not a foreseeable user of the product, which the lower court denied. The Appellate Division then issued a decision in Hockler v William Powell Co., 129 AD3d 463 (1st Dept. 2015), holding that a salvaging and dismantling valve was not a foreseeable use of …
Continue ReadingGranting of Summary Judgment to Radio Manufacturers Overturned Based on Circumstantial Evidence
In this case, the decedent, Kenneth Anderson, was allegedly exposed to asbestos while working as a radio and television repairman in the 1960s and 1970s. Prior to trial, radio manufacturers Zenith and Motorola moved for — and were granted — summary judgment, arguing that the plaintiff could not “provide evidence regarding what radios Anderson actually repaired, whether those radios contained asbestos, and if so, who manufactured or distributed those asbestos-containing parts.”
On appeal, the plaintiff argued that the trial court erred, since the decedent had …
Continue ReadingLouisiana Federal Court Grants Three Defendants’ Summary Judgment Motions Due to Lack of Exposure
The plaintiff commenced this wrongful death mesothelioma case, alleging in part that his father was exposed to asbestos-containing products while in the U.S. Naval Reserve in the 1950s and 1960s. The defendants, GE, CBS, and Foster Wheeler, moved for summary judgment, arguing that the plaintiff’s evidence was insufficient to establish the decedent’s exposure to their products.
The plaintiff opposed the motion with an expert affidavit, described by the court as follows: “Plaintiff relies on the expert report of Laurence Durio, who opined that Mr. Laurent …
Continue ReadingCourt of Appeals Upholds Lower Court’s Rulings Denying Caterpillar’s Motions for Summary Judgment, a New Trial, and to Vacate Jury Award
In this case, it was alleged that the decedent, Edwin Estenson, was exposed to asbestos while in the Navy from 1948 to 1952 and while working on Caterpillar equipment for three contractors between 1955 and the late 1960s. Prior to trial, Caterpillar’s motion for summary judgment was denied. Following trial, where Caterpillar was the only defendant, the jury awarded the plaintiff a verdict of approximately $4.5 million. Caterpillar subsequently appealed the court’s denial of its motion for summary judgment, motion for a new trial, and …
Continue ReadingDefendants’ Motion for Summary Judgment on Judicial Estoppel Grounds Denied Because Plaintiff Did Not Act in Bad Faith When He Failed to Disclose His Asbestos Lawsuit in Subsequent Bankruptcy Filing
The plaintiff claims he developed an asbestos-related illness as a result of exposure to asbestos while working aboard various ships. The plaintiff originally brought his asbestos-related claims against several defendants in 1997. His claims were administratively dismissed in a manner allowing for those claims to be brought at a later time; the claims were reinstated in 2001, but there was no evidence that the plaintiff had been informed that his lawsuit had been reinstated. Following the reinstatement, the plaintiff filed for bankruptcy under Chapter 7 …
Continue ReadingCourt Rejects Plaintiffs’ Experts’ Opinions Because They Did Not Read Plaintiff’s Deposition Testimony and Grants Summary Judgment Based on Insufficient Product Exposure
In this mesothelioma case, plaintiff James Shiffer worked at a power plant for several months in 1969 and 1970, during which time he claimed exposure to a Westinghouse turbine with asbestos-containing components that was present at the plant. Westinghouse moved for summary judgment because “…[t]here is no dispute Shiffer did not repair or maintain any Westinghouse equipment, and did not install or remove any insulation material himself. Nor is there any dispute that no already-installed insulation was removed or disturbed during Shiffer’s time at Ginna.” …
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