Plaintiff’s Failure to Accurately Identify Brand Name of Insulation Product During Deposition Results in Summary Judgment for Manufacturer U.S. District Court for the District of New Jersey, December 3, 2015
The plaintiff alleges he contracted mesothelioma as a result of his exposure to asbestos-containing products while working as a cleaner at New York Shipbuilding and Drydock Company in Camden, New Jersey, and as a rigger at Sun Ship Yard in Chester, Pennsylvania. The plaintiff testified that he was exposed to asbestos-containing insulation and the only insulation manufacturers identified by the plaintiff were Owens-Corning Fiberglass Corporation and Johns-Manville.
During his deposition, the plaintiff was shown the Owens-Illinois “Kaylo” insulation label and testified that he did not recognize “Kaylo” insulation and did not recall seeing “Kaylo” products at any of the shipyards where he was employed. Owens-Illinois moved for summary judgment on product identification grounds and affirmatively proved that the only asbestos-containing insulation product it manufactured had the trade name “Kaylo.”
Citing the plaintiff’s deposition testimony where he denied seeing any “Kaylo” products at his jobsites, and his failure to oppose the motion, the court granted summary judgment because the plaintiff “failed to adduce any evidence demonstrating that said Defendants manufactured, supplied or distributed the asbestos-containing product which Plaintiff was exposed to on a frequent and regular basis.”