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Bare Metal/Component Parts / Summary Judgment
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Trailer Manufacturer Awarded Summary Judgment on Component Parts Defense

Supreme Court of the State of New York, New York County

The plaintiff’s decedent, James Martinez, alleged that he was exposed to asbestos from, among other things, performing mechanical work, and specifically brake work, on a fleet of delivery trailers and vehicles from 1974 to 1976. During his discovery deposition, Martinez identified “East” as one of the manufacturers of trailers on which he performed this work. However, he was unable to identify the manufacturer of the old brakes that he removed from the trailers or …

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North Carolina / Summary Judgment
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Talc Manufacturer Granted Summary Judgment; Lack of Regular, Frequent, and Proximate Exposure

U.S. District Court for the Eastern District of North Carolina, Western Division

The plaintiff alleged that her daughter (the decedent) died from peritoneal mesothelioma, which she contracted after exposure to asbestos as a student in a ceramics technology course at Appalachian State University. The defendants moved for summary judgment, arguing the plaintiff failed to properly identify a product attributable to the defendants. In addition, if the plaintiff was able to establish product identification, the plaintiff failed to proffer evidence the decedent was exposed to the …

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Louisiana / Remand/Removal
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Plaintiff’s Motion to Remand Denied as Removal Deemed Proper Under Federal Officer Statute

U.S. District Court for the Eastern District of Louisiana

In the instant action, plaintiff Martha T. Roussell alleges she contracted mesothelioma through take-home asbestos exposure from the work of her father, Asward P. Theriot, who worked at Avondale Shipyard in 1957 and 1958. The plaintiff brought this action in state court against multiple defendants including Huntington Ingalls Incorporated and Lamorak Insurance Company (The Avondale Interests).

During the course of discovery it was revealed that Asward Theriot’s job application showed that his brother (Roussell’s uncle), Tracy …

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Delaware / Expert Challenges / Motions in Limine / Summary Judgment
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Railway Company Denied Summary Judgment; Service and Expert Issues Remain

The plaintiff, the Estate of Gregorio Sanchez Valdez, alleged occupational exposure to asbestos and diesel fumes while working as a machinist for defendant BNSF Railway Company from 1996 until 2016. Valdez was diagnosed with laryngeal cancer in 2014. BNSF moved for summary judgment on three grounds, of which the court denied all three.

First, BNSF argued that Valdez failed to serve BNSF with process within the three-year statute of limitations under the Federal Employers’ Liability Act. The court observed that the crux of this argument …

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Summary Judgment
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Defendant Contractor Denied Summary Judgment for Plaintiff’s Work Performed at World Trade Center

Supreme Court of New York, New York County, November 30, 2020

The plaintiff, Walter Cannon, filed a complaint against defendant Tishman Realty & Construction Co., Inc., among others, alleging that his lung cancer was caused by his exposure to asbestos when he worked as an electrician installing lighting fixtures at the World Trade Center (WTC) in the 1970s. The plaintiff was employed by Forest Electric at the WTC on weekends for approximately two-and-a-half to three months, shortly before the WTC opened. While working at the …

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Judge Hitting Mallet On Dollar
Appeal
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Fifth Circuit Upholds $3 Million Remitted Verdict in Deceased Mesothelioma Case

United States Court of Appeals for the Fifth Circuit, December 14, 2020

As previously reported by Asbestos Case Tracker here, the decedent, Dr. James L. Gaddy, alleged he was exposed to asbestos while working as a chemical engineer for Ethyl Corp. during the 1950s. Dr. Gaddy was diagnosed with mesothelioma in 2018, and subsequently filed suit against Ethyl, among other defendants. Following a trial, a jury found Ethyl partially liable to Dr. Gaddy on theories of strict liability and negligence, and awarded the plaintiffs …

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Appeal / California
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Trial Court’s Refusal to Reduce Plaintiffs’ Recovery of Costs by Amounts Attributable to Settled Defendants Affirmed

Court of Appeal of California, First Appellate District, Division Three, December 11, 2020

The heirs of decedent Richard Booker filed suit, alleging that Booker developed fatal mesothelioma from his exposure to defendants’ asbestos-containing products. The plaintiffs settled with most of the defendants, and a trial was held against the two remaining defendants, Vanderbilt Minerals LLC and Imerys. The jury found the two defendants liable for increasing the decedent’s risk of mesothelioma and apportioned 60-percent fault to Vanderbilt and 40-percent fault to Imerys.

The plaintiffs filed …

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Appeal / Damages
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Damages Award Against Defendant Pipe Supplier Affirmed On Appeal

Court of Appeal of California, First Appellate District, Division Five, December 9, 2020

From September 1976 to March 1977, Frank Hart (the decedent) worked in California cutting asbestos-cement pipe for new sewer lines. He was later diagnosed with mesothelioma, allegedly as a result of his exposure to asbestos through that work. On November 8, 2016, the decedent and his wife, Cynthia (the plaintiff), filed a complaint for personal injury and loss of consortium against numerous entities, including defendant Keenan Properties, Inc. The decedent passed away on …

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Asbestos Litigation Analysis
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The State of the Bare Metal Defense in 2020: A Synopsis

In 2019, we saw the U.S. Supreme Court reject the bare metal defense under federal maritime law, resolving a circuit split on the issue. The Supreme Court held that “a product manufacturer has a duty to warn when (i) its product requires incorporation of a part, (ii) the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and (iii) the manufacturer has no reason to believe that the product’s users will realize that danger.” …

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Louisiana / Remand/Removal
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Shipyard Defendant’s Removal Deemed Timely Following Receipt of Discovery

U.S. District Court for the Eastern District of Louisiana, December 7, 2020

Plaintiff Ethel Sampey was diagnosed with mesothelioma, which she alleged was caused by secondhand exposure to asbestos from her uncle, Huey Levron, who worked at the Avondale Shipyard from 1957 to 1965, and also from working as a bartender and serving Avondale workers. The plaintiff filed suit against Avondale, among other defendants, in July 2020. On August 1, 2020, the plaintiff served her fact witness list, which identified numerous witnesses, including two individuals, …

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