Asbestos Case Tracker

LATEST INSIGHTS

July 14, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Plaintiff Fails to Demonstrate Decedent Worked with Boiler Manufacture’s Product; Summary Judgment Granted

Dorothy Charbonneau filed suit in the Superior Court of Delaware against multiple defendants alleging the defendants’ use of asbestos caused her husband, Robert Charbonneau, to contract an asbestos related disease. Mr. Charbonneau testified that he believed he was exposed to asbestos while maintaining and cleaning multiple boilers manufactured by Cleaver-Brooks throughout his employment career. Mr. …

July 12, 2017 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Wrongful Death Claims Barred by Res Judicata from Prior Loss of Consortium Case

In this wrongful death case, plaintiff Janet Stewart appealed the grant of summary judgment to Union Carbide that her loss of consortium claim was barred by res judicata. The plaintiff also argued a miscarriage of justice in the setoff of her deceased husband’s settlement with two asbestos bankruptcy trusts against her entire economic damage award. …

July 10, 2017 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Summary Judgment Overturned as Lab Suppliers Found to Have Burden of Causation

Plaintiff Eileen A. O’Connor was diagnosed with pleural mesothelioma allegedly caused from exposure to equipment containing asbestos while working at a research lab from approximately 1975-79. The plaintiff filed suit in February 2015 against several defendants, including suppliers of various products used at this research lab. Supplier defendants moved for summary judgment arguing, among other …

June 27, 2017 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Washington

Pfizer Not an “Apparent Manufacturer” of Refractory Products Used at Shipyard; Summary Judgment Affirmed

Plaintiff Margaret Rublee appealed the summary judgment dismissal against defendant Pfizer, Inc. The decedent, Vernon Rublee, was a machinist at the Puget Sound Naval Shipyard from 1965-1980 and died of mesothelioma in 2015. The appellate court affirmed summary judgment for Pfizer. While at the shipyard, he worked on steam turbines with asbestos lagging. In replacing …

June 16, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Misidentification of Brake Manufacturer’s Name Sufficient for Summary Judgment

The plaintiffs filed suit in the Superior Court of Delaware claiming that Amanda Dullinger was secondarily exposed to Defendant Abex LLC’s asbestos containing brakes while she was a child causing her to develop mesothelioma. The plaintiff’s mother, Tammy Allen, was the plaintiffs’ primary product identification witness. Ms. Allen testified that Ms. Dullinger was present when …

June 8, 2017 • Asbestos Case Tracker, Case Decisions, Oregon, Summary Judgment

Successor Liability Decision Reversed in Oregon

The plaintiff appealed the trial court’s granting of the defendant’s motion for summary judgment on successor liability. This suit involves the plaintiff’s exposure to asbestos from his work in Portland shipyards during the 1950s. The defendant moved for summary judgment on the ground that any of its liabilities “that may have existed prior to 1965 …

June 7, 2017 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Plaintiff’s Mesothelioma Claims Barred by Wisconsin Worker’s Compensation Act

In a consolidated matter, three of the plaintiffs, Diane Jacobs, Katrina Masephol, and Janice Seehar (the Weyerhaeuser plaintiffs), filed claims against various defendants after developing mesothelioma. Each had worked for Weyerhaeuser for years in close contact with asbestos. As such, in order to get around Wisconsin’s Workers Compensation Act, Wis. Stat. § 102.03(2), which provides …

June 7, 2017 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Insulation Supplier Contracting with U.S. Navy Protected by Government Contractor Defense

Jay Wanlass filed suit against Metalclad Insulation Corp. (Metalclad) based on alleged exposure to friable asbestos. Metalclad moved for summary judgment, which the trial court granted. The plaintiff appealed that decision to the First District Court of Appeal for Division 2 in California. In 1968, Metalclad entered into an agreement with the United States Navy …

June 5, 2017 • Asbestos Case Tracker, Case Decisions, State>Kentucky, Summary Judgment

Possibility of Exposure Not Enough to Overcome Summary Judgment Motions of Brake Manufacturers and Supplier

Decedent Bobby Vickery died of mesothelioma and his estate was substituted as a party to this action. The plaintiff estate appealed the granting of summary judgment to defendants Eaton Corporation, ArvinMeritor, Pneumo-Abex, and Brake Supply Company. The appellate court affirmed, with one judge dissenting. The plaintiff alleged Mr. Vickery was exposed to asbestos from a …

June 2, 2017 • Asbestos Case Tracker, Case Decisions, Ohio, Summary Judgment

Summary Judgment Reversed in Finding Co-Worker Testimony Personal Knowledge, Not Hearsay

Plaintiff Ruth Williams filed suit against multiple defendants, including Akron Gasket, as a result of her late husband’s development of mesothelioma. Specifically, the plaintiff alleged that Mr. Williams was exposed to asbestos tape made by Akron while working at PPG Industries and Goodyear Tire and Rubber. Summary judgment was granted in favor of Akron. The …