In this New York case out of Nassau County, the plaintiff alleged asbestos exposure to various products while working as a truck mechanic from the late 1950s to the mid 1990s. The plaintiff testified at his deposition that he removed and installed Eaton clutches on trucks from 1961 to 1970. Eaton moved for summary judgment and attached the affidavit of Roger Hobbie, who was employed in various capacities at Eaton from 1959 to 1997. In his affidavit, Mr. Hobbie stated that between 1959 until the late 1980s, Eaton did not make, sell, or distribute clutches for use in medium-duty or heavy-duty trucks and the clutches that Eaton made, sold, and distributed were non-asbestos containing.
The court granted the unopposed motion finding that Eaton had made a “prima facie showing of entitlement to summary judgment on the issue of liability.”