Boiler Manufacturer Denied Summary Judgment Due to Undetermined Exposure Location

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Supreme Court of New York, New York County, November 5, 2021

In this asbestos action, the plaintiff Ferris O. Tyron alleged exposure to asbestos from Foster Wheeler products. In response, Foster Wheeler moved for summary judgment, asserting that New Jersey law is proper for this action, and, as such, the New Jersey Statute of Repose bars any alleged exposure attributable to Foster Wheeler products.

In support of their motion for summary judgment, Foster Wheeler asserted that the majority of the plaintiff’s employment locations were in New Jersey, the plaintiff is domiciled in New Jersey, the plaintiff’s treating doctors are located in New Jersey, and Foster Wheeler has its principal place of business and headquarters in New Jersey. Foster Wheeler also argued that, if New Jersey law does apply in this action, this case should be dismissed because New Jersey’s statue of repose “bars all claims after ten years from the time of the furnishing of service, or the performance or construction, irrespective of the date of injury”.

In opposition, the plaintiff argued that most of the work in question was actually conducted in New York, not New Jersey. The plaintiff further asserted that a question of fact remains as to exactly where the asbestos exposure occurred. The court agreed, noting that the plaintiff’s exposure has yet to be determined for purposes of this case. As such, Foster Wheeler’s motion for summary judgment was denied.

Read the full decision here.