The plaintiffs filed a wrongful death and survival action in state court; shortly thereafter defendants removed to federal court. The plaintiffs asserted negligence and strict liability claims from the death of their father/husband from malignant mesothelioma; the decedent was a career boilermaker. Defendants Lamons Gasket Company and Parker-Hannifin Corporation moved for summary judgment; both were granted.
The plaintiffs alleged asbestos exposure during the decedent’s work on boilers and other equipment installed on naval, industrial, and commercial vessels. Lamons and Parker argued lack of exposure. In response to special interrogatories filed by Lamons, the plaintiffs failed to provide any specific facts regarding when, where, or how the decedent was exposed to asbestos-containing Lamons products. Co-workers identified by the plaintiffs did not provide any testimony regarding Lamons gaskets or other products. The plaintiffs attempted to create a genuine issue of material fact with the testimony of one co-worker, who assumed decedent worked with Lamons gaskets. The court found that “the mere ‘possibility’ of exposure does not create a triable issue of fact.”
The court found the same with respect to Parker; the plaintiffs’ discovery responses failed to identify any facts, documents, or witnesses establishing the decedent’s exposure to Parker or Sacomo products. While the plaintiffs argued that Sacomo supplied asbestos-containing cloth to contractors working on the same ships as the decedent, close examination of such evidence revealed that decedent may have been exposed. This was insufficient to infer that the decedent was exposed to Sacomo cloth. The court stated: “This evidence ‘creates a dwindling stream of probabilities that narrow into conjecture.’”