Court: Supreme Court of New York State, Erie County
Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career working at various paper mills, chemical plants, refineries, and power plants throughout New Brunswick, Ontario, and parts of Alberta, Canada. He was diagnosed with mesothelioma in October 2023 and initiated a lawsuit in Erie County Supreme Court in Upstate New York.
Plaintiff alleged that his work during shutdown or refurbishing periods at various industrial facilities exposed him to asbestos containing materials in the form of pumps, valves, and steam traps, among others. Plaintiff named several different product type manufacturers and alleged all exposure from the removal of gasket materials from the equipment. This included defendant The William Powell Company (Powell). Plaintiff alleged he encountered Powell valves throughout his career but could not pinpoint a specific location.
Critically, plaintiff alleged that although most of his union work occurred in Canada, he worked a total of about six months in New York State. Plaintiff could not recall or identify a single location where he allegedly worked in New York. Instead, he stated he worked at the same types of facilities in the United States as in Canada though could not provide any further insight. Plaintiff testified the union would ask for members to “go across the line” into the United States for jobs lasting a week or two. He could not recall when he worked in New York State or on how many occasions, but estimated he spent six months total there. Plaintiff stated he could remember taking an hour and a half bus ride into the United States and being paid in American currency. Nevertheless, he could provide zero detail as to where he worked in New York State.
Powell moved for summary judgment based on a lack of personal jurisdiction. Powell argued plaintiff’s testimony and pleadings were insufficient to demonstrate either general jurisdiction or specific jurisdiction in New York State. Not only is Powell an Ohio corporation with a principal place of business there, but plaintiff was unable to identify a single Powell facility at which he worked in the State of New York. Plaintiff was diagnosed with mesothelioma in New Brunswick and likewise received all treatment in New Brunswick as well, and thus had insufficient connections with New York State.
The court determined plaintiff presented no evidence as to where he worked in New York. It ruled, “In deciding a motion for summary judgment, ‘the court should draw all reasonable inference in favor of the nonmoving party and should not pass on issues of credibility.’” McInnis v. A.O. Smith Water Products, et al., citing Assaf v. Ropog Cab. Corp., 153 AD2d 520, 521-22 (1st Dept. 1998). The court found plaintiff’s vague testimony concerning his alleged employment in work provided no way to reasonably infer that the valves he worked on in New York State were Powell valves. Accordingly, the court granted Powell’s motion for summary judgment, finding plaintiff failed to establish a prima facie case that he was injured through Powell’s actions in New York State.
Read the full decision here.