Pump Manufacturer Obtains Summary Judgment Based on Lack of Maintenance History and Identification of Replacement Parts

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Plaintiff Jill Dudley alleged that her husband Frank worked on pumps from 1966-67 while employed at Cam Chemical Company in Detroit, Michigan. Defendant FMC moved for summary judgment, which the court granted.

Frank Dudley testified that at least ten pumps were made by Chicago Pump; he broke down these pumps and repaired the gaskets. The court applied Michigan law, which required proof that the injured plaintiff was exposed to an asbestos-containing product for which a defendant was responsible. Michigan law also applied the substantial factor test for causation, such that exposure was significant in terms of intensity, when viewed in the scope of the entire work history, and the number and extent of other contributing factors. Here, the plaintiff did not offer evidence, beyond speculation, that Mr. Dudley worked with an asbestos-containing product made by FMC; he did not know the maintenance history of the pumps or the manufacturer of the replacement parts. Thus, summary judgment was granted.

Read the full decision here.