U.S. District Court for the Middle District of North Carolina, May 21, 2020
Plaintiffs Larry and Anne Woolard filed the instant lawsuit against 14 separate defendants, alleging that exposure to their asbestos-containing products and equipment while Mr. Woolard worked as an HVAC apprentice, mechanic, and supervisor at Weyerhaeuser Paper Mill caused him to develop mesothelioma. After the close of discovery, four defendants filed for Summary Judgment: Fisher Controls International, LLC; Schneider Electric Systems, USA, Inc.; Chicago Bridge and Iron Company; and Chicago Bridge and Iron Company (Delaware).
In their Replies, the plaintiffs “appear to argue that a modified version of the Lohrmann test should be applied in cases involving mesothelioma, as an ‘occupational history of brief or low level exposure is sufficient’ to cause the disease. However, the court recently rejected that argument, and does so again here.”
The court held the plaintiffs could not meet the “threshold causation requirements for actionable asbestos exposure,” and therefore granted all four defendants‘ Motions.