The Ninth Circuit affirmed an Idaho district court’s order granting summary judgment for the defendant, Union Pacific, in a secondary exposure case filed by the plaintiff William Stephens. The plaintiff alleged that his father was exposed to asbestos at his job at a Union Pacific roundhouse in Weiser, Idaho, and carried asbestos home on his clothes, exposing his family and contributing to the plaintiff’s mesothelioma. The plaintiff had also worked for 20 years in lumber mills in Oregon, and brought suit against his former employers …Continue Reading
WISCONSIN – The plaintiff, Dale Chapp, filed suit against Colgate Palmolive arguing that his late wife, Ruth Chapp, developed mesothelioma from her use of Cashmere Bouquet talcum powder from approximately 1969-the mid-1980s. The plaintiff also alleged that Ruth Chapp was secondarily exposed to asbestos from laundering his work clothes. Colgate moved for summary judgment. The trial court found that Chapp had “not shown more than the mere possibility of causation” and granted summary judgment in factor of Colgate. The plaintiff appealed.
On appeal, the court …Continue Reading
VIRGINIA — The State of Virginia recently expanded the potential duty to warn owed for take-home asbestos exposures in the Quisenberry case.
The plaintiff Wesley Quisenberry filed suit on behalf of his decedent mother, alleging that her exposure to asbestos while laundering her father’s clothes caused her mesothelioma. The plaintiff’s decedent’s father worked at a shipyard for 35 years, and the plaintiffs allege that asbestos dust adhered to his clothing, contaminated his car, and came home with him.
The defendant removed the case to federal …Continue Reading
MARYLAND – Concetta Schatz’s (Mrs. Schatz) children (Appellants) commenced a lawsuit against John Crane, Inc. (JCI), alleging that Mrs. Schatz’s husband handled asbestos-containing JCI products while at work and wore his asbestos-covered clothing home for Mrs. Schatz to launder, thereby exposing her to asbestos, resulting in her mesothelioma diagnosis and eventual death.
At the close of Appellants’ case-in-chief, JCI moved for judgment on the basis that Appellants failed to prove JCI owed a legal duty to warn Mrs. Schatz. The lower Circuit Court granted JCI’s …Continue Reading
IDAHO — The plaintiffs filed suit against Union Pacific Railroad (Union Pacific) alleging that Rollie Stephens had brought asbestos home on his work clothes which caused his son, William, to develop mesothelioma. Specifically, the plaintiffs argued that Rollie Stephens was exposed to asbestos from his work at the Weiser roundhouse working on steam locomotives that contained insulation. Union Pacific moved for judgment as a matter of law. The plaintiff moved for summary judgment as to affirmative defenses.
The court began its analysis with the standard …Continue Reading
WASHINGTON — In an update to a case previously reported by Asbestos Case Tracker, The plaintiff’s Motion for Reconsideration of the Court’s Order granting summary judgment for Union Pacific Railroad has been denied.
By way of background, the plaintiffs alleged that Mr. Jack was secondarily exposed to asbestos from the work clothes of his father who worked at Union Pacific Railroad. The plaintiffs argued that the court failed to properly review 1) information provided by the plaintiffs’ expert Dr. Barry Castleman; and 2) the court …Continue Reading
GEORGIA — The plaintiff, Sharon Hanson, used Colgate Palmolive’s Cashmere Bouquet talcum powder product for 12 years, from 1961 to 1973. She was later diagnosed with both ovarian cancer and mesothelioma, and passed in April 2018. On September 15, 2017, Colgate moved for summary judgment and also later filed Daubert motions to preclude plaintiff’s four causation experts. On September 24, 2018, the court entered an order excluding the opinions of each of those experts.
Colgate’s motion for summary judgment argued that 1) the plaintiff had …Continue Reading
The plaintiff Patrick Jack filed suit against several defendants alleging he contracted mesothelioma from take-home, bystander and direct exposure to asbestos for which the defendants were liable. The plaintiff’s take-home and bystander exposure was alleged from his father’s work at Union Pacific. He also claimed exposure while serving as a machinist in the Naval Reserve and Navy from 1955-1962 and while working as a machinist at the Puget Sound Naval Shipyard. Also, The plaintiff contended that he was exposed to asbestos while working as a …Continue Reading
DELAWARE — Decedent Dorothy Ramsey’s husband Robert Ramsey worked as a maintenance worker at Haveg Industries, Inc. from 1967 to 1992, and allegedly handled asbestos products manufactured by defendants Herty and Hollingsworth and Vose (together, the manufacturers) on a regular basis. The plaintiff alleged that Mrs. Ramsey developed her fatal lung cancer from regularly laundering Mr. Ramsey’s clothes which were contaminated with asbestos dust emanating from his use of the manufacturers’ products, among others. The trial court had granted the manufacturers’ summary judgment motions, finding …Continue Reading
Myra Williams died on August 8, 2013 of complications from malignant mesothelioma. Plaintiff Jimmy Smith, along with his four children, filed suit against several defendants alleging that their products cause Myra’s mesothelioma. Smith alleged that he was exposed to asbestos fibers while working at the Placid Oil Facility in Natchitoches, Louisiana. Smith unknowingly brought fibers and dust home on his clothing after each day of work. Myra would handle and wash Jimmy’s clothing, and sustained what is commonly referred to as bystander asbestos exposure. Ingersoll–Rand …Continue Reading