LATEST INSIGHTS

Case Decisions / New York / Summary Judgment
Posted by:

New York Court Finds No Successor Liability and Grants Defendant’s Summary Judgment Motion

In this NYCAL asbestos action, plaintiff Ivette Montanez alleged that she developed malignant mesothelioma as the result of washing her brother’s laundry. Montanez’s brother, Eliud Hernandez, Jr., testified to working with Beck/Arnley brakes at a friend’s automobile ship in Puerto Rico when he was 15-17 years old. Defendant Beck Arnley Worldparts, Inc. moved for summary judgment, arguing, among other things, that it was not the successor to the product alleged to have caused the exposure.

The key issue to this motion centered on successor liability …

Continue Reading
Case Decisions / Significant Verdicts / Verdict Reduction
Posted by:

NYCAL Court Sets Aside Portion of $22M Verdict and Recklessness Charge

As noted in a prior ACT post, a NYCAL jury awarded plaintiff Frank Gondar $22M ($12M for past pain and suffering and $10M for future pain and suffering) in a living mesothelioma claim. Here, the jury found defendant Burnham failed to provide adequate warnings, which was a substantial contributing factor to Mr. Gondar’s disease, and allocated Burnham with 25 percent liability. Most notably, the jury found Burnham to have acted with reckless disregard for the plaintiff’s safety after the court charged the jury on …

Continue Reading
Bare Metal/Component Parts / Case Decisions / Maritime/Admiralty Law / South Carolina / Summary Judgment
Posted by:

Valve Manufacturer’s Summary Judgment Denied in Failure to Warn Case Despite Bare Metal Defense

The plaintiffs brought this action against Crane Co. alleging James Chesher developed mesothelioma as a result of exposure to asbestos containing packing and gaskets found inside Crane Co. valves while he served in the United States Navy from 1965-1989.

The court began its discussion by stating the standard for summary judgment. Summary judgment is appropriate when the “pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine dispute as to any material fact and that the movant is …

Continue Reading
Case Decisions / Delaware / Summary Judgment
Posted by:

Expert Affidavit Does Not Create a Question of Fact for Nonmoving Party in Motion for Summary Judgment

On February 8, 2017, the United States District Court for the District of Delaware granted Defendants Crane Co., Warren Pumps LL, and Air & Liquid Systems Corporation (Buffalo) separate motions for summary judgment with regards to all causation counts of the plaintiff’s complaint.

The plaintiff asserted state law causes of actions against the defendants based on David MacQueen’s (the decedent) employment in the U.S. Navy. The decedent was aboard the U.S.S. Randolph and the U.S.S. Independence from 1956-60. The plaintiff alleged that Crane, Warren, and …

Continue Reading
Case Decisions / Consolidation / New York
Posted by:

Mesothelioma Case Removed from Extremis Trial Group Where Plaintiff Failed to Identify New York City Defendant

Talc defendants filed an appeal of a recent mesothelioma case arguing that the plaintiff should not have been added to a fast tracked “in extremis” trial group. All defendants in this matter were talc defendants. However, the plaintiff alleged that he was exposed to asbestos from ovens in Queens when he was approximately 8-10 years old. The plaintiff alleged that he accompanied his father to work and would crawl inside the “cooled oven” to retrieve the resistors that were inside since he was the only …

Continue Reading
Case Decisions / Discovery / Louisiana
Posted by:

Favorable Defense Discovery Rulings, Including Preclusion of Treating Physicians from Testifying as Experts

The district court issued two opinions in the same case, issuing various rulings on motions brought by both parties. The plaintiff alleged he developed lung cancer from asbestos exposure while employed by Freeport Sulphur Company, predecessor to Mosaic Global Holdings, Inc. This case started in Louisiana state court, and was removed by Mosaic. The primary rulings on these motions are summarized below.

The plaintiff moved to exclude evidence of settled claims and collateral sources of compensation. The defendants argued that both settlement agreements and collateral …

Continue Reading
California / Case Decisions / Summary Judgment
Posted by:

Automotive Parts Manufacturers Granted Summary Judgment in Secondary Exposure Case

The plaintiff sued various automotive parts manufacturers, alleging secondary asbestos exposure from the work of his father, a mechanic. The plaintiff had been diagnosed with mesothelioma. The plaintiff’s father worked at Bekins warehouse from June 1974-May 1982, where he did brake, clutch, and engine gasket repair. The plaintiff visited his father at work, helped him at work, and father’s clothes were washed at home. Products identified in discovery included: two Ford trucks; four International semi-truck tractors; Rockwell axles; Carlisle brake linings; Grizzley brake linings (Maremont, …

Continue Reading
Case Decisions / Connecticut / Summary Judgment / Take-Home Exposure
Posted by:

Summary Judgment Granted to Asbestos Paper Products Manufacturer in Take-Home Exposure Case Based on No Duty to Warn

Plaintiff Dorothy Ramsey, through her estate, alleged that the defendant Georgia Southern University Advanced Development Center (Herty) negligently failed to warn her of the risks of take-home exposure to Herty’s asbestos paper products used at her husband’s work from 1976-80. She alleged this exposure caused her to develop lung cancer. The defendant moved for summary judgment, arguing it did not owe Plaintiff a duty of care. The central issue in this case was whether Price v. E.I. DuPont de Nemours & Co. and Riedel …

Continue Reading
Case Decisions / New York / Summary Judgment
Posted by:

Fire Door Manufacturer Obtains Summary Judgment in NYCAL; No Duty to Warn Against Latent Dangers from Unforeseeable Use of Product

Defendants International Paper Company and Owens-Illinois, Inc. moved for summary judgment, which was granted. All Craft Fabricators, Inc. was hired to do millwork in refurbishing the United Nations headquarters. The general contractor issued a change order to use salvaged wood panels and doors from the Under-Secretary General’s office. These materials were resized and cut for use as interior cabinets at the United Nations building. External testing performed by All Craft showed that the dust from these materials contained asbestos.

An affidavit from a professional engineer …

Continue Reading
Case Decisions / Maryland / Summary Judgment
Posted by:

In Bystander Exposure Case, Plaintiff Failed to Demonstrate that Defendant Had a Duty to Warn

Plaintiff Daniel Hiett developed mesothelioma and alleged bystander exposure from his father’s work. The plaintiff alleged negligence and strict liability claims based on a failure to warn theory. The circuit court granted defendant AC&R Insulation Company, Inc,.’s (AC&R) motion for summary judgment. The plaintiff appealed, arguing that several material facts distinguished their case from Georgia Pacific, LLC v. Farrar, 432 Md. 532 (2013), which held that a manufacturer/distributor of a product containing asbestos did not owe a duty to warn the household member of …

Continue Reading