Charles Kirk brought suit against Owens-Illinois and Exxon Mobil alleging that his lung cancer was caused by exposure to asbestos containing material. From 1954 until 1960 Plaintiff worked aboard navy vessels removing insulation produced by Owens–Illinois, Inc., which he claimed exposed him to asbestos fibers. And for two weeks, he worked as an independent contractor at Exxon Mobil’s Joliet refinery replacing heaters that Plaintiff claimed were insulated with asbestos. Mobil presented counter-evidence that the insulation at its refinery did not contain asbestos. Notably, Plaintiff smoked …
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Tire Manufacturer Found Grossly Negligent on Appeal of Jury Verdict
Carl Rogers was a longtime employee of The Goodyear Tire & Rubber Company. After he died of mesothelioma, his wife, Vicki Rogers, brought suit against Goodyear. At the conclusion of a three-week trial, the jury found by clear and convincing evidence that asbestos fibers from the Goodyear Tyler facility were a proximate cause of Carl’s mesothelioma that resulted in his death. The jury also found by clear and convincing evidence that Carl’s death resulted from Goodyear’s gross negligence. The jury also determined that $15 million …
Continue ReadingSummary Judgment Granted to Premises Owner Because Asbestos Not Inherent on the Premise
Plaintiff Sandra Kivell alleged her husband developed and died from mesothelioma due to his asbestos exposure as a union pipefitter and welder. Defendant Union Carbide moved for summary judgment, which was granted.
Union Carbide was a premises owner of a petrochemical facility in Taft, Louisiana, where decedent worked from January 1967-October 1969. Decedent did not work for and did not receive instruction from Union Carbide, which employed third-party contractors to build process units. Decedent testified he ran pipe and worked side by side with insulators. …
Continue ReadingBrake Manufacturer’s Motion for Summary Judgment Granted Based on Statute of Limitations
The plaintiff brought suit in Delaware contending that David Bagwell contracted lung cancer from Pneumo Abex’s products. Bagwell was diagnosed in May 2009 and passed away from cancer on January 28, 2010. Plaintiff contacted an attorney regarding this matter in August or 2012. This matter was ultimately filed on June 2, 2014.
Under South Carolina law, the defendant argues that the plaintiff’s case must be dismissed because wrongful death claims must be filed within three years of the date of the decedent’s death. However, Delaware …
Continue ReadingPrior Settlement that Included Future Claims Not Enough to Grant Motion for Summary Judgment
Plaintiffs Mason South and his wife filed suit under the Jones Act against several defendants, including Texaco, alleging his mesothelioma developed as a result of exposure to asbestos containing products for which defendants were responsible. Mr. South served as a merchant marine for 37 years. Texaco moved for summary judgment arguing that suit was precluded by a prior release signed by the plaintiff in an earlier lawsuit from 1997. Specifically, Mr. South had released Texaco from “all bodily and/or personal injuries, sickness or death” from …
Continue ReadingIn Talc Case, Gaps in Chain of Custody Lead to Partial Exclusion of Opinions of Plaintiff’s Geologist
Plaintiff Delgadina Alfaro alleged the development of mesothelioma due to asbestos contained in talcum powder she used as a child. The jury found for defendants Colgate-Palmolive Company, the manufacturer of Cashmere Bouquet talcum powder, and Imerys Talc America, Inc., the successor-in-interest to talc suppliers for Colgate, including Cyprus. The plaintiff appealed, and the court affirmed.
The plaintiff claimed that her mother and grandmother used Cashmere Bouquet and that she used it as well. Her years of exposure were 1977-90. Colgate made Cashmere Bouquet from 1871-1985, …
Continue ReadingConflicting X-Ray Reports Subject for Cross-Examination, Not Grounds to Compel a CT Scan
Defendants Hess Oil Virgin Islands Corporation and Hess Corporation filed a motion to compel plaintiff Andrew Wilson to undergo a CT scan of his chest to determine whether there was any objective evidence of lung disease. The court denied the motion to compel.
Wilson alleged asbestos exposure and the development of asbestosis due to his work at the oil refinery on St. Croix in the U.S. Virgin Islands. The plaintiff’s case was consolidated with over a hundred cases. The court ordered the plaintiffs to provide …
Continue ReadingCalifornia Bankruptcy Court Holds Coverage Action is Core Bankruptcy Proceeding
CFB Liquidating Corporation emerged from the Chapter 11 bankruptcy of Chicago Fire Brick Co. (CFB), a company that manufactured products containing asbestos. Asbestos-related claims overwhelmed the company, and the Plan of Reorganization that was confirmed in the bankruptcy proceedings essentially directs the Trustee to administer the company’s remaining assets to pay asbestos-related claims.
CFB’s remaining assets included several insurance policies. While most of CFB’s insurers settled with the bankruptcy estate and made payments, Continental Casualty Company elected to file a proof of claim and negotiate …
Continue ReadingCar Manufacturer Obtains Dismissal Based on Lack of Personal Jurisdiction
Plaintiffs Harold and Judy Haynes filed suit in Delaware Superior Court on June 3, 2016 alleging that Harold Haynes’ lung cancer diagnosis was caused by asbestos exposure. The plaintiffs specifically alleged that Harold Haynes was exposed to asbestos-containing products as a career auto mechanic for Volkswagen dealerships in Washington and Oregon between 1964 and 1980. On July 15, 2016, the case was removed to the United States District Court for the District of Delaware. Defendant Volkswagen filed a motion to dismiss based on personal jurisdiction …
Continue ReadingInsulation Used On Nuclear Prototype “Ordinary Consumer Product” and Not Subject to Military Contractor Defense
Plaintiffs Wayne and Tina Yocum filed a renewed motion to remand which defendant CBS Corporation (Westinghouse) opposed. Wayne Yocum was diagnosed with mesothelioma and died on February 5, 2017. Without oral argument, the court granted the plaintiffs’ renewed motion to remand.
Wayne Yocum served in the Navy from 1965-75. Westinghouse supplied the asbestos-containing insulation that was used in his presence during his naval training on the A1W, a working prototype of a nuclear propulsion system. The plaintiffs originally filed this action in California, and only …
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