Expert Report Summarizing Exposure to General Products Insufficient to Defeat Pump Defendant’s Motion for Summary Judgment

WASHINGTON – , A federal court in Washington granted a summary judgment motion brought by pump defendant Air & Liquid Systems Corporation (Buffalo Pump) in a case extensively covered by the Asbestos Case Tracker dealing with Merchant Mariner Rudie Klopman-Baerselman, the decedent  who died of mesothelioma. As proof of exposure, the plaintiff had produced an inspection report for the HMS Ranee from 1943 referencing Buffalo Pump.  The plaintiff also produced an expert report by James Delaney, a navel expert, opining that asbestos-containing thermal insulation would …

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Defendant’s Motion for Summary Judgment Granted Due to Lack of Causation

In a case extensively covered by Asbestos Case Tracker, the Western District of Washington considered another defendant, Henry Company LLC’s, motion for summary judgment.

The seminal products liability case in Washington, Lockwood v. AC & S, Inc., enumerates seven factors to consider when “determining if there is sufficient evidence for a jury to find that causation has been established:”

  1. The plaintiff’s proximity to an asbestos product when the exposure occurred;
  2. The expanse of the work site where asbestos fibers were released;
  3. The extent
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Three Defendants Granted Summary Judgment in Maritime Case Pending in Washington

WASHINGTON – The plaintiff, Donald Yaw, filed a lawsuit against numerous equipment manufacturers alleging that he suffered injuries as a result of asbestos exposure. The plaintiff experienced his exposure while working as a shipfitter at Puget Sound Naval Shipyard from 1964 to 2001. The plaintiff was deposed before he passed away, but did not remember working on any particular product on any ship. The plaintiff’s expert, Captain Arnold Moore, opined that the plaintiff was exposed to asbestos while others were removing insulation, packing, and gaskets …

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U.S. Supreme Court Decision Quells Disagreement Over Bare Metal Defense in Maritime Cases

In the past few years, the bare metal defense has seen inconsistent and nebulous holdings around the nation. The bare metal defense vindicates an asbestos defendant that manufactured a product that was made of only metal without asbestos but later utilized asbestos components within its products. The defense is commonly seen amongst pump and valve manufacturers and also in United States Navy cases, thereby implicating maritime law. Examples of trial courts granting summary judgment for the defense only to be overturned on appeal are readily …

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Supplier Defendant Granted Summary Judgment for Lack of Evidence of Exposure

As the Asbestos Case Tracker recently reported, on August 5, 2019, the U.S. District Court for the Western District of Washington recently ruled on several defendants motions for summary judgment. In the complaint, the plaintiff alleges that Rudie Klopman-Baerselman (decedent) was exposed to asbestos-containing products sold or supplied by the supplier defendant, causing the decedent to develop mesothelioma in July 2017 and pass away in November 2017. In the supplier defendant’s motion for summary judgment, it argued that:

  1. The plaintiff was unable to identify
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Summary Judgment Granted for Brake Manufacturer Based Upon Lack of Product Identification

WASHINGTON – The plaintiff filed suit in Washington state court alleging that decedent, Rudie Klopman-Baerselman, developed mesothelioma from exposure to brakes manufactured by Standard Motor Products (SMP), which he used while performing maintenance on his vehicles from 1966 to 1997. The case was removed to federal court. SMP moved for summary judgment based upon a lack of product identification evidence. The plaintiff did not oppose the motion.

Although the plaintiff alleged in the complaint that the decedent used SMP products, no witnesses testified as such. …

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“Dusty Conditions” Alone Not Enough to Defeat Defendants’ Motions for Summary Judgment

WASHINGTON – In Marietta Dianne Yaw, Individually and as Executor of the Estate of Donald Arthur Yaw v. Air & Liquid Systems Corp., et al, pending in the United States District Court for the Western District of Washington, the court recently granted motions for summary judgment for three defendants. The plaintiffs, Donald and Marietta Yaw, filed the lawsuit in May 2018 alleging that Donald Yaw was injured from his exposure to asbestos as a result of his work with and around several defendants’ products. …

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Summary Judgment Granted Based on Prior Order

WASHINGTON – The plaintiff, Sherri Deem, filed suit on behalf of herself and the estate of her husband, Thomas Deem, alleging that his exposure to asbestos as a machinist at the Puget Sound Naval Yard caused him to develop mesothelioma. Thomas Deem passed away on July 2, 2015 and Sherri Deem filed suit on November 20, 2017 against certain defendants, not including Cleaver-Brooks, and filed a nearly identical suit on June 28, 2018 against 23 other companies, including Cleaver-Brooks. The cases were consolidated for the …

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Steam Trap Defendant’s Motion for Summary Judgment and Motion to Exclude Evidence Denied

WASHINGTON – As recently reported on the Asbestos Case Tracker on May 22 and May 28, 2019, in Varney v. Air & Liquid Systems Corporation, et al., the court ruled on several of the defendants’ motions for summary judgment. The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as a marine machinist at multiple shipyards in Washington as well as personal and secondary exposure from automotive work caused his mesothelioma. The complaint was removed to federal court. The court …

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Auto Parts Supplier’s Personal Jurisdiction Motion Denied

WASHINGTON – The plaintiff’s decedent, Rudie Klopman-Baerselman, was a merchant mariner, serving aboard several vessels while allegedly working with and around asbestos-containing products. The plaintiff additionally alleged that Klopman-Baerselman performed all maintenance and friction work on his vehicles for 30 years, and that he purchased asbestos-containing gaskets, brakes, and clutches from the Defendant, NAPA, contributing to his fatal mesothelioma. NAPA filed a motion to dismiss, and alleged that the court had no jurisdiction as NAPA lacked sufficient contacts with the State of Washington, since it …

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