Category: Washington

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Appeal / Causation / Washington
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Dryer Felt Manufacturer’s Judgment Upheld on Appeal

Court: Court of Appeals of Washington, Division One

In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources during his employment, including from his role on the paper machine cleanup crew which required him to “blow down” every paper machine at the Camas mill.

Holdsworth also alleged exposure to asbestos from his role in the maintenance department at the Camas mill, where he frequently used a hammer to …

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Mesothelioma
Summary Judgment / Washington
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Lack of Causation Entitles Valve/Gasket Defendants to Summary Judgment

Court: United States District Court for the Western District of Washington

This case arises out of the death of decedent Thomas Deem from mesothelioma, which the plaintiff alleges was caused by the decedent’s exposure to asbestos through his work as a machinist at the Puget Sound Naval Shipyard. The court previously dismissed the plaintiff’s claims against numerous defendants, and only three defendants remain, each of whom has motions for summary judgment pending before the court.

Each remaining defendant’s primary defense to the plaintiff’s claims is …

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Remand/Removal / Washington
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Plaintiff’s Motion to Remand Granted Due to Lack of Fraudulent Joinder

Court: United States District Court for the Western District of Washington  

Plaintiff Jeffrey Cockrum alleged exposure to asbestos from his work as a laborer and laboratory technician at Alcoa Wenatchee Works, an aluminum smelting facility. The plaintiff was diagnosed with epithelioid mesothelioma in March 2022. In June 2022, he filed the instant lawsuit in King County Superior Court against seven defendants, including Howmet Aerospace, Alcoa’s corporate successor.  

The plaintiff did not initially name a Washington defendant but later added North Coast Electrical Company, a Washington …

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Remand/Removal / Washington
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Plaintiffs’ Motion to Remand Granted Due to Railroad Company Defendant’s Untimely Motion for Removal  

United States District Court for the Eastern District of Wisconsin , July 13, 2022

Plaintiffs Trisha and David Babler filed a lawsuit to recover damages Trisha allegedly sustained as a result of “take-home” asbestos exposure from her father, who was employed at Soo Line Railroad Company (SLR).  Plaintiffs named Sprinkmann Sons Corporation as a defendant “based on inferences that Sprinkmann was either a contractor at the North Fond du Lac SLR facility and/or supplied asbestos-containing materials to SLR for use at that facility.”  

Discovery …

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Appeal / Washington
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Appellate Court Affirms in Part, Remands Trial Court’s Ruling Regarding Mask Manufacturer’s Negligence

Court of Appeals of Washington, Division One, May 9, 2022

In January 2020, the plaintiff, Larry Roemmich, sued 3M, among others, for product liability and negligence based on his diagnosis of mesothelioma, which he alleged was a result of his exposure to asbestos. The plaintiff worked at Puget Sound Naval Shipyard from 1968 to 1995 and alleged he was exposed to asbestos and asbestos-containing products as part of his work from 1968 until the early 1980s. The plaintiff wore 3M 8710 masks from 1972 until …

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Appeal / Washington
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Plaintiffs Judgment Against Joint Compound Manufacturer Affirmed on Appeal

Court of Appeals of Washington, Division One, February 22, 2022

The plaintiffs, Raymond Budd and his wife, sued Kaiser Gypsum Company, Inc. (Kaiser) and others for damages, alleging that Kaiser’s joint compound product caused Mr. Budd’s mesothelioma.  The plaintiffs sued Kaiser for negligence and strict liability, premised upon failure to warn and defective design theories. The jury returned a verdict in favor of the plaintiffs and awarded them nearly $13.5 million. Kaiser appealed, raising nine claims, including the following: (1) lack of proximate causation, (2) lack …

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Summary Judgment / Washington
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Plaintiff Failed to Provide Evidence That Insulation Manufacturer Caused Mesothelioma, Summary Judgment Affirmed

Court of Appeals of Washington, Division One; January 24, 2022

The decedent, Duane Hickson, filed an asbestos-related lawsuit alleging he was exposed to asbestos when he worked as a pipefitter throughout his life, including at the Atlantic Richfield Company (ARCO) Cherry Point Refinery. In April 2019, the decedent was diagnosed with mesothelioma and subsequently passed away on February 6, 2020.

ARCO moved for summary judgment, alleging that the plaintiff failed to demonstrate that the decedent had been exposed to asbestos at Cherry Point, that there …

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Appeal / Washington
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Premises Defendant Appeal Unsuccessful, Verdict Upheld

Court of Appeals of Washington, Division One, December 14, 2021

From the mid-1950s until 1988, ExxonMobil operated a refinery in Ferndale, Washington. In 1979, Northwestern Industrial Maintenance (NWIM) contracted with Mobil to perform maintenance jobs at the Mobil refinery in Ferndale. NWIM employed the decedent, Warren Wright, as a working foreman at the Ferndale facility. The decedent was diagnosed with mesothelioma, and died in September 2015. In January 2018, the plaintiff filed a wrongful death suit individually and on behalf of the decedent’s estate, alleging …

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Remand/Removal / Washington
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Remand Granted and Attorneys’ Fees Awarded Against Valve Manufacturer

U.S. District Court for the Western District of Washington, August 9, 2021

On June 1, 2021, David and Linda Welch filed claims in King County Superior Court against various defendants who are allegedly responsible for mining, manufacturing, and/or installing the asbestos that has caused David’s newly diagnosed pleural mesothelioma. The plaintiffs moved for an expedited trial pursuant to RCW 4.44.025 on June 23, 2021. Defendant Velan Valve Corp filed an instant motion to remove after the plaintiffs had filed for voluntary dismissal against Velan.

By …

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Summary Judgment / Washington
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Summary Judgment Proper When Plaintiffs Fail to Establish Sufficient Exposure to Asbestos

U.S. District Court for the Western District of Washington, August 5, 2021

Decedent John Dale Wineland, who developed mesothelioma and subsequently died, worked aboard Navy ships and in Navy offices between 1963 and 1984. The plaintiffs allege that the decedent was exposed to asbestos contained in Cleaver-Brooks products while aboard the USS Tuscaloosa, where he worked in the engine rooms. The plaintiffs assert that defendant Cleaver-Brooks is liable for the decedent’s illness and death under theories of negligence and strict liability.

Cleaver-Brooks filed a …

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