In this case, the plaintiff, Sandra Brezonick, alleged that the decedent, John Brezonick, was exposed to asbestos at various sites while working as a steamfitter in the Milwaukee area between 1966 and 2000. The plaintiff’s complaint alleged product liability, negligence and safe place statute claims under Wis. Stat. § 101.11 against numerous defendants. The defendants included property owners Pabst Brewing Company, Miller Brewing Company and Wisconsin Electric Power Company (WEPCO) — where asbestos was allegedly used — and insulation contractor Sprinkmann Sons Corporation, which allegedly …
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Turbine Manufacturer Entitled to Summary Judgment Under Both Maritime Law and New Jersey State Law
The plaintiff in this case, Samuel Feaster, alleged exposure to asbestos while employed at a shipyards in New Jersey and Pennsylvania. Defendant General Electric Company (GE) moved for summary judgment based on maritime law arguing that there was no evidence that the plaintiff was exposed to asbestos from a product manufactured or supplied by them.
The court applied maritime law and granted GE’s motion. The court stated that under maritime law, the plaintiff must show that he was exposed to the defendant’s products and the …
Continue ReadingStrict Product Liability Claim Reinstated Against Plastering Contractor for Construction Work on Building Complex in 1970s
In this case, the plaintiff, Joel Hernandezcueva, alleged he was exposed to asbestos while working as a janitor in the Fluor complex in the 1990s. It was alleged that defendant E.F. Brady was a subcontractor doing drywall and plastering work with asbestos-containing materials manufactured by Kaiser and Hamilton during the construction of the complex in the 1970s. During trial and following completion of the plaintiff’s case in chief, Brady’s motion for partial nonsuit dismissing the plaintiff’s claims of strict liability, misrepresentation, and intentional failure to …
Continue ReadingNew York Federal Court Grants Auto Repair Parts Defendants’ Motion to Transfer Case to Florida Federal Court
In this federal case, the plaintiff brought an action against defendants BASF Catalysts LLC, Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc. for the asbestos exposure and death of her husband, Pedro Rosado-Rivera. The plaintiff alleges that each defendant sold an asbestos-containing auto body repair filler that the decedent worked with at auto shops in New York, Puerto Rico, and Florida. The defendants moved to transfer the case to The United States District Court for the Middle District of Florida.
The court granted the …
Continue ReadingPump Manufacturers Had a Duty to Warn Even Though Decedent Never Exposed to Original Pump Gaskets and Packing
The plaintiff, a widow, brought claims against pump manufacturers Air & Liquid Systems, Warren Pumps, and IMO Industries (defendants) for asbestos exposure sustained by her deceased husband while serving in the Navy for 20 years, from 1956 until 1976. The decedent died of mesothelioma. The defendants moved for summary judgment, arguing that they had no duty to warn of asbestos-containing replacement parts that they neither made nor placed in the stream of commerce. The circuit court granted this motion, the Court of Special Appeals affirmed, …
Continue ReadingPost-Trial Motion for Additur Granted, Increasing Mesothelioma Pain and Suffering Damages
The plaintiff’s decedent, Richard Voelker, was diagnosed with and died from mesothelioma. A personal injury action was pursued and resulted in a verdict awarding the Estate various damages, including a pain and suffering award of $250,000. The plaintiff filed a post-trial motion for additur arguing that the jury’s award for pain and suffering was inadequate compensation for Mr. Voelker’s “extraordinarily horrific” suffering. The court granted the motion, increasing the pain and suffering award to $600,000.
The court cited to the plaintiff’s video trial testimony and …
Continue ReadingCalifornia Court Relies on Absence of Evidence in Plaintiff’s Discovery Responses to Affirm Summary Judgment for Defendant Fluor
A husband and wife sued numerous defendants after the husband was diagnosed with asbestosis in 2011. Defendant Fluor moved for summary judgment, which the court granted, on the basis that the plaintiffs failed to establish a triable issue of fact that the plaintiff was exposed to asbestos from Fluor products. The appellate court affirmed.
The plaintiffs alleged the husband was exposed to a variety of asbestos-containing products during his work with Southern California Gas Company from the 1950s-90s. In response to discovery from Fluor, the …
Continue ReadingRailroad Company Obtains Summary Judgment on Appeal Based on Inadmissible Expert Report
The plaintiff in this case brought a wrongful death action against the Illinois Central Railroad Company pursuant to the Federal Employer’s Liability Act (FELA) for the death of her husband, Charles Jackson, Jr., who had worked on the railroad. Illinois Central’s motions for summary judgment, to strike the plaintiff’s expert, Michael J. Ellenbecker, were denied. Illinois Central’s petition for an interlocutory appeal was granted.
In its review, the court found that Ellenbecker’s opinions submitted in opposition of the motion for summary judgment was inadmissible since …
Continue ReadingJury Awards $1.7M Verdict to Plaintiffs in Asbestos Case
In the Court of Common Pleas of Philadelphia County, a jury found in favor of the plaintiff Doris Busbey for an award of $1.7M. The case arose out of asbestos litigation against ESAB Group/Alloy Rod and Air Liquid, but Air Liquid was dismissed from the case.
In the jury’s verdict, they found ESAB Group/Alley Rods negligent and that this negligence was a factual cause of harm to the plaintiff. They further found that the plaintiff Busbey was not comparatively negligent and that no product manufactured …
Continue ReadingNew U.S. Senate Report Confirms Continued Risk of Asbestos Exposure for Students, Teachers, and Staff
The staff of Senator Edward J. Markey (D-Mass.) has released a new report that confirms that students, teachers, and staff are still at risk for asbestos exposure. On March 31, 2015, Senator Markey and Senator Barbara Boxer (D-Calif.) began an investigation into the management of asbestos hazards in school buildings.
In doing so, they sent letters to the governors of all fifty states to find out more about their implementation and enforcement of the Asbestos Hazard Emergency Response Act (AHERA), passed by Congress in 1986. …
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