Summary Judgment Archives - Page 9 of 63

Defendant Obtains Summary Judgment Due to Inadmissible Expert Testimony

Court: Superior Court of New Jersey, Appellate Division

Decedent Joseph Murray worked for the defendant Consolidated Rail Corporation (Conrail) from 1976 to 2011 as a brakeman/conductor. His wife filed a wrongful death and survival action citing the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703. The plaintiff alleged that decedent had been exposed to harmful amounts of asbestos and various fumes while working for Conrail and that his lung cancer, tongue cancer, and subsequent death …

February 17, 2023 Summary Judgment

Posted by: admin

Summary Judgment to Navy Pump and Valve Manufacturers Overturned on Appeal

Superior Court of Pennsylvania

This case involved a deceased mesothelioma claimant, Thomas Korol, who alleged that he was exposed to asbestos while serving as a fireman and fireman’s apprentice aboard the U.S.S. Dahlgren from 1961 to 1963. Mr. Korol died prior to being deposed and, as such, the plaintiffs had to rely on three fact witnesses who were deposed regarding their time spent on the U.S.S. Dahlgren, allegedly at the same time as Mr. Korol. One of the fact witnesses recalled working with Mr. …

January 18, 2023 Louisiana / Summary Judgment

Posted by: Asbestos Case Tracker

Asbestos Distributor Defendant Obtains Summary Judgment Due to Lack of Identification

United States District Court for the Eastern District of Louisiana, Jan. 13

Plaintiff Glen King alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State University, and BASF Corporation caused him to develop mesothelioma. He sued various defendants including Union Carbide, alleging in his negligence claim that Union Carbide supplied asbestos-containing products to his worksites and failed to adequately warn him of the presence of asbestos and the health hazards associated therewith. This matter was removed …

January 12, 2023 Summary Judgment

Posted by: Quincy Conrad

Pump Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, New York County

Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in connection with pumps manufactured by Milton Roy. Between 1964 and 1976, the decedent worked in various positions at the Suffolk State School. Daniel Stoffel, hired by the decedent to work as a fireman for the Suffolk State School, testified that the decedent was present when he removed and replaced …

January 6, 2023 New York / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Automobile Manufacturer Denied Summary Judgment as Corporate Representative Affidavit Deemed Insufficient

Court: Supreme Court of New York, New York County

In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North America, moved for summary judgment, arguing that the decedent was not exposed to asbestos from any PCNA products. The plaintiff Susan Carboni opposed PCNA’s motion.

PCNA argued that it could not be liable for any alleged exposure in this case as the decedent testified that he last worked on Porsche automobiles in 1981 …

January 6, 2023 New York / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Pump Manufacturer Obtains Partial Summary Judgment

Court: Supreme Court of New York, Appellate Division, Third Department

In this asbestos action, the plaintiff, Albert Howard, contends that he developed mesothelioma following his service in the United States Navy from 1961 to 1978. During this time, he alleged asbestos exposure from working with pumps, including Armstrong pumps, while serving on various submarines whose names he could not recall. The defendant, Armstrong, moved for summary judgment, which the plaintiff opposed. The trial court denied Armstrong’s motion.

Armstrong appealed the trial court’s denial of summary judgment. …

January 5, 2023 Appeal / Pennsylvania / Summary Judgment

Posted by: Quincy Conrad

Grant of Summary Judgment to Employer Defendants Reversed on Appeal

Jurisdiction: Superior Court of Pennsylvania

Richard and Pamela Shellenberger filed a lawsuit to recover damages from several defendants, including Mr. Shellenberger’s employers — Kreider Dairy Farms Inc. and Noah W. Kreider & Sons LLP (Appellees) — as a result of his exposure to asbestos and subsequent mesothelioma diagnosis, from which he ultimately died. Specifically, they alleged that Mr. Shellenberger was exposed to asbestos through maintenance work he performed on the boiler at Kreider Farms’ dairy processing plant from 1972 through September 1980.

The appellees …

December 22, 2022 New York / Summary Judgment

Posted by: Quincy Conrad

Gasket Manufacturer’s Motion for Summary Judgment Denied in Take Home Exposure Case

Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and steamfitter, and was responsible for removing and installing Goodyear gaskets and gasket-containing materials. The plaintiff was diagnosed with lung cancer on July 19, 2017.

In a motion for summary judgment, Goodyear argued that the plaintiff’s exposure to asbestos from laundering her husband’s clothing was “so insignificant that it …

December 20, 2022 California / Expert Testimony / Summary Judgment

Posted by: Asbestos Case Tracker

Valve Defendants Obtain Summary Judgment Due to Lack of Causation Evidence

Court: United States District Court for the Central District of California

In this action, the plaintiffs alleged that the decedent, John Carpenter, contracted and died from mesothelioma due to exposure to asbestos, which occurred in part during his service in the Navy. Before the court are two motions: defendant Nibco Inc.’s motion for summary judgment or in the alternative summary adjudication (the “Nibco Motion”); and defendant Asco Valve Inc.’s (“Asco”) motion for summary judgment (the “Asco Motion”).

Four of the decedent’s coworkers testified about the …

December 9, 2022 California / Summary Judgment

Posted by: Elizabeth M. Lautenbach

Valve Defendants Obtain Summary Judgment on Causation

U.S. District Court for the Central District of California

In this asbestos action, decedent John Carpenter worked as a marine machinist at the Long Beach Naval Shipyard from 1973 until 1984, when he became a mechanical engineering technician. Four of his co-workers testified as to his activities while at the shipyard, as Carpenter passed before he could be deposed. Two valve defendants, Nibco and Asco, moved for summary judgment, which the plaintiffs opposed.

With regard to the exposure evidence in this case, two co-workers testified …