Category: Washington

Summary Judgment / Washington
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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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Asbestos Litigation Analysis / Washington
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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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Other Asbestos News / Washington
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Plaintiffs’ Post-Sale Failure-To-Warn Theory of Negligence Unpersuasive; Defendants’ Motions for Judgment as Matter of Law Granted

WASHINGTON – The instant matter arises from the decedent Patrick Jack’s alleged exposure to asbestos-containing products through his work as an automotive mechanic, a machinist in the Navy, and a machinist and inspector at the Puget Sound Naval Shipyard. Jack sued multiple companies, alleging that his exposure to asbestos caused him to develop mesothelioma. Jack passed away in October of 2017, and his wife and son proceeded as the plaintiffs. This case has previously been covered by the Asbestos Case Tracker.

The plaintiffs proceeded …

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Appeal / Washington
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Application of Product Line Doctrine Imposes Liability Upon Successor in Interest of Asbestos Supplier

WASHINGTON – The plaintiff, Edward Leren, filed suit alleging that decedent Marvin Leren developed mesothelioma as a result of his employment with Z Brick Company from 1961-1981. It was alleged that Benson Chemical (Benson) supplied Z Brick with raw asbestos used in their decorative bricks. Leren poured the raw asbestos into hoppers to mix the ingredients used to make the bricks. The defendant at trial was Elementis, the successor to Harrisons and Crosfield Pacific, Inc. (HCP). HCP had previously acquired Benson. The jury returned a …

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Summary Judgment / Washington
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Additional Defendants’ Motions for Summary Judgment Granted Where Plaintiff’s Affidavit and Related Expert Testimony Ruled Inadmissible

WASHINGTON – As reported on the Asbestos Case Tracker on May 6, 2019, in Varney v. Air & Liquid Systems Corporation, et al., the court ruled on several 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 caused his mesothelioma. The complaint was removed to federal court. One day before he passed away, the plaintiff signed an affidavit stating that he worked with various defendants’ …

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Summary Judgment / Washington
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Plaintiff’s Failure to Establish Causation Against Pump Defendant Leads to Grant of Summary Judgment

WASHINGTON – The plaintiffs filed suit against several defendants alleging their decedent, Mr. Klopman-Baerselman developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. The case was removed to federal court.

Viking Pump (Viking) moved for summary judgment arguing that the plaintiff could not establish the necessary element of causation. Specifically, Viking argued that the plaintiff had no evidence that he was exposed to a Viking product and therefore he could not prove that Viking’s products were a substantial factor …

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Summary Judgment / Washington
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Summary Judgment Granted for Multiple Defendants in W.D. Washington When Plaintiff’s Affidavit Ruled Inadmissible

WASHINGTON — The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as a marine machinist at shipyards in Washington caused his mesothelioma. The complaint was removed to federal court. One day before he passed, plaintiff signed an affidavit stating that he worked with various defendants’ products or products supplied by the defendants, including those of defendants Crosby Valves, Goodyear Tire and Rubber, Foster Wheeler, Air and Liquid Systems, Weir Valves and John Crane, Inc. The plaintiff was not deposed …

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Statute of Repose / Washington
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Washington’s Statute of Repose Determined to Not Apply to Premises Owners

WASHINGTON – For approximately seven months in 1971, Gary Cameron worked as a boilermaker at the Centralia Steam Plant in Washington State during its construction, which was completed in 1972. Asbestos-containing thermal insulation was used in building the plant, and Cameron’s estate alleged that his fatal mesothelioma was caused in part by exposures during his time at Centralia. They sued appellee PacifiCorp, who was among those responsible for constructing the plant, and who maintained an ownership interest until 2000, bringing claims against them as both …

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Summary Judgment / Washington
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Court Partially Grants Two Defendants’ Motions for Summary Judgment Based on Expiration of Statute of Limitations Under Washington Law

WASHINGTON — In Deem v. Air & Liquid Systems Corporation, et al., the United States District Court of the Western District of Washington recently ruled on two defendants’ motions for summary judgment. This case involved Thomas A. Deem (Mr. Deem), who worked at Puget Sound Naval Shipyard from 1974 to 1981 as an apprentice and journeyman, and alleged asbestos exposure from 1974 through 1979. Mr. Deem was diagnosed with mesothelioma in February 2015, and died in July 2015.

In November 2017, Mr. Deem’s wife …

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Washington
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Court Calls For Supplemental Briefing For Summary Judgment Motion Following DeVries Decision

WASHINGTON — A federal court in Washington state called for supplemental briefing prior to ruling on summary judgment motions in two similarly situated cases involving maritime exposures. Donald Yaw worked as a shipfitter, structural planner, and estimator at the Puget Sound Naval Shipyard (PSNS) in Bremerton, Washington from 1964 to 2001. Thomas Deem worked as an outside machinist at PSNS from 1974 to 1981. The plaintiffs alleged that Mr. Yaw and Mr. Deem’s fatal mesotheliomas were caused by both the use of asbestos-containing products and …

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