In this federal court case, it was alleged that the plaintiff, Gregory Cannard, was exposed to asbestos insulation while serving in the Navy from 1965 to 1967, and while working for Lomac Motors from 1975 to 1978, where he allegedly ground asbestos head gaskets from Ford Motor Co. (Ford). At the time of trial, Ford was the only remaining defendant. At trial, the plaintiffs argued that the Navy and automotive exposures were indivisible and no single product could be identified as the cause of Mr. …
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Applying Admiralty Law, Court Grants Summary Judgment for Lack of Proof That Product Contained Asbestos
In this case, the plaintiff claimed that the decedent, Alan McMann, was exposed to asbestos-containing non-skid materials as a bystander that were applied to the deck of the USS Firedrake. Defendant SB Decking, the alleged manufacturer of the non-skid material, moved for summary judgment on the ground that plaintiff did not prove that the non-skid material applied in the decedent’s presence actually contained asbestos. The court initially analyzed the locality and connections tests, concluding that Admiralty Law applied. On the causation issue, the court concluded …
Continue ReadingUnder Maritime Law, Expert Opinion on Likelihood of Exposure to Original Asbestos Alone Still Insufficient to Establish Causal Connection
In this case, the defendant, Lockheed, moved for reconsideration of the prior decision from the U.S. District Court for the Western District of Washington that there was sufficient evidence establishing a causal link between original asbestos allegedly installed by Lockheed and decedent John McCrossin’s asbestos exposure. In accordance with five decisions out of the Eastern District of Pennsylvania, the court recognized that under maritime law an expert affidavit alone of likely exposure to original asbestos is insufficient to establish a causal connection.
However, the court …
Continue ReadingSuperseding Cause, Strict Liability, and Government Contractor Defense Analyzed in Motion for Summary Judgment
The plaintiff in this Washington federal court case alleged that the decedent, John McCrossin, was exposed to asbestos from a variety of products, including boilers, while serving in the Navy. Defendant Fraser’s, which maintained that it only assembled boilers, moved for summary judgment raising superseding cause, strict liability, and government contractor arguments. The court found an issue of fact on all of the arguments and denied summary judgment. On the superseding cause, defense the court held: “In sum, Fraser’s has presented no evidence that, if …
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