Plaintiff’s Failure to Connect Replacement Parts to Pump Manufacturer Key To Upholding Summary Judgment on Appeal

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Plaintiffs Jeffrey Lannes and Kristi Johnson appealed the district court’s grant of summary judgment to Flowserve, Jerguson Gage & Valve, and Warren Pumps. The Ninth Circuit affirmed the summary judgment.

Decedent Vernon Lannes was allegedly exposed to asbestos gaskets, packing, and insulation while serving in the Navy. The court noted that “…the defendants shifted the burden of demonstrating a material issue of fact by ‘pointing out … that there is an absence of evidence to support the [plaintiffs’] case.’” Regarding insulation on Warren Pumps, the plaintiffs’ expert admitted that there would be no original insulation on these pumps due to overhaul schedules.  The decedent admitted he had no personal knowledge of who made the replacement gaskets, packing, and insulation, and it could have come from numerous sources. Further, the plaintiffs’ opposition evidence, consisting of Warren Pumps cutting its own gaskets and the admission that at certain times it may have sold replacement gaskets, failed to create a material issue of fact.  Similarly, Flowserve’s discovery responses showed only that at some point it sold replacement parts; the defendants’ expert showed that neither Flowserve nor Jerguson were approved suppliers of replacement parts to the Navy.

The court also found that the district court did not abuse its discretion in excluding the declaration made by the plaintiffs’ expert because he was not properly disclosed.

Read the full decision here.