Defendant Grover S. Wormer Company, individually and as successor-in-interest to Wright-Austin Company, brought a motion to dismiss the asbestos litigation filed on behalf of Frank D’Amico in the Superior Court of Rhode Island, Providence. Wormer originally brought its motion under Super. R. Civ. P 12(b)(6) and contended that the plaintiff’s claims for liability are barred under Michigan’s Business Corporation Act Chapter 8 (the BCA), which governs the dissolution of corporations and provides a Statute of Repose to bar continued liability. The plaintiff did not contest …
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Case Remanded to State Court Following Resolution of Claims that Invoked Federal Officer Statute
The plaintiffs commenced this action in state court alleging that various products caused plaintiff Ralph Shonkwiler to develop mesothelioma. Defendant CBS Corporation (Westinghouse) removed the matter to federal court based on the federal officer statute since the plaintiffs claimed exposure to their product was a Navy turbine and the claimed exposure took place while plaintiff was serving in the Navy aboard the U.S.S. Ingram. In January 2017, the plaintiffs informed the court that all claims against Westinghouse were resolved and Westinghouse was dismissed from the …
Continue ReadingRhode Island Court Applies Maine Law to Deny Summary Judgment to Insulation Contractor
The plaintiffs alleged negligence and breach of warranty based upon asbestos exposure sustained by decedent during his work at various job sites through the Laborer’s Union from 1969-1990. Defendant New England Insulation Company (NEI) filed a motion for summary judgment based upon various theories, which the court denied.
During his deposition, the decedent testified that he worked as a laborer for general contractors at job sites in Maine. From 1973-1976 he worked at International Paper Mill around other trades, such as pipefitters and insulators. His …
Continue ReadingSummary Judgment Granted to Valve Manufacturer Based on Insufficient Evidence of Exposure
The plaintiff filed suit in the Superior Court of Rhode Island, Providence for personal injuries and wrongful death alleging plaintiff’s decedent use of asbestos products with defendant’s valves were foreseeable to the defendant and, under a negligence theory, the defendant failed to warn of the associated hazards.
The defendant moved for summary judgment under Maine Law, to which both parties agreed upon, on November 16, 2016, and argued that the plaintiff failed to offer, and have no reasonable expectation of offering any evidence that plaintiff’s …
Continue ReadingException to Boiler Manufacturer’s Bare Metal Defense Found in Denial of Summary Judgment
James Stevens served as a boiler technician aboard the USS Allagash from July 7, 1951 until October 11, 1952. The boilers on the Allagash were manufactured by Foster Wheeler and included asbestos containing materials in their construction. Foster Wheeler additionally provided additional asbestos containing materials to be used in the boilers. Mr. Stevens was diagnosed with mesothelioma and passed away in 2015.
The plaintiffs brought suit against various defendants, including Foster Wheeler, in the U.S. District Court for the District of Rhode Island, alleging Mr. …
Continue Reading$3.5 Million Punitive Damages Upheld Against Brake Manufacturer on Appeal
James Phillips was diagnosed with mesothelioma in March of 2012 and died in February of 2013. In May of 2012, Phillips and his wife, Charity Phillips, filed a complaint seeking damages for personal injuries caused by asbestos in the Superior Court of Fresno County, California. In May 2013, after Phillips’s death, Charity, individually and as the personal representative of his estate, filed a first amended complaint alleging negligence and strict liability. The first amended complaint named more than 25 defendants engaged in the manufacture or …
Continue ReadingPlaintiffs Presented Sufficient Evidence to Withstand Motion for Directed Verdict
The decedent’s estate filed a claim alleging asbestos exposure caused decedent to develop mesothelioma. The trial court directed a verdict in favor of Welco Manufacturing Company because no witnesses could specify how often the decedent used Welco’s products. The plaintiffs appealed, and the appellate court reversed and remanded for a new trial.
The decedent’s cousin, Walter, testified that he and the decedent applied joint compound on close to 50 commercial and residential sites for four months in Illinois in 1965. Walter testified they used, among …
Continue ReadingPort Commission’s Motion to Dismiss for Lack of Subject Matter Jurisdiction Granted Where Plaintiff’s Work was Predominantly Land Based
Mr. Genusa developed mesothelioma as a result of his work as a longshoreman, truck loader, and warehouse worker from 1963-1999. Mr. Genusa passed away and a claim was paid by Baton Rouge Marine Contractors (BRMC) and Signal Mutual Indemnity under the Longshore and Harbor Worker’s Compensation Act.
The plaintiffs instituted this action against 13 defendants that allegedly “designed, tested, evaluated, manufactured, packaged, furnished, stored, handled, transported, installed, supplied and/or sold asbestos containing products to recover the benefits paid to Mr. Genusa’s wife. The last standing …
Continue ReadingSouth Dakota Enacts Legislation Allowing Transparency in Bankruptcy Trust Claims
An ongoing issue in asbestos litigation is whether plaintiffs have received monies from bankruptcy trusts. The plaintiff’s bar has traditionally fought discovery of this information, but recently South Dakota became the first state to enact legislation regarding this issue. Senate Bill No. 138 recommends amending the code to order plaintiffs to identify any asbestos trust claims filed by them not more than one hundred and twenty days before trial. Such identification shall include: information about the trust claim itself; the amount claimed, or to be …
Continue ReadingCase Remanded to Florida State Court Because Defendant Not Fraudulently Joined to Defeat Diversity
In this case alleging asbestos exposure from talc, mesothelioma plaintiff filed a motion to remand back to Florida state court after defendant Johnson & Johnson removed to federal court based upon diversity jurisdiction. The defendant argued that the plaintiff fraudulently joined defendant Publix Super Markets, Inc. (Publix) to destroy diversity. The court determined Publix was not fraudulently joined and remanded.
In determining remand, the court must evaluate the factual allegations in the light most favorable to the plaintiff. If there is even a possibility that …
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