State

Category: State

April 12, 2017 • Asbestos Case Tracker, Case Decisions, Motions in Limine, New York

Defendants’ Motion in Limine Denied on Multiple Issues; Including Regulatory Materials, Past Conduct, MAS Studies and Expert Testimony Based on Animal Studies

The plaintiff filed this action against several defendants alleging his asbestos related disease was caused by products for which the defendants were liable. Mr. Evans worked as a cable puller for Western Electric from 1946-48, as a grounds man and lineman for Queens Gas and Electric from 1948-52, as an HVAC worker for multiple employers …

April 7, 2017 • Asbestos Case Tracker, Case Decisions, Ohio, Summary Judgment

Federal Court Grants Summary Judgment on Failure to Warn Claims

Plaintiff Gail Hart, executor of the estate of the decedent Alva Coykendall (the plaintiff), filed suit alleging that her husband worked with a substantial amount of asbestos-containing brake and clutch friction materials manufactured by various defendants. Prior to his death, Coykendall was deposed and testified that he did work as an uncertified mechanic from approximately …

April 4, 2017 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Washington

Required Use of Asbestos Products for Proper Functioning of Steam Turbines Created Genuine Issue of Material Fact Regarding Duty to Warn

The decedent served in the Navy from 1943-46 and served as a machinist on the USS George K. MacKenzie during World War II. After the war, he joined the Military Sea Transportation Service and worked as an engineer until 1952. His representatives filed a wrongful death lawsuit after he died from mesothelioma, suing, among others, …

April 3, 2017 • Asbestos Case Tracker, California, Case Decisions, Federal Officer Removal, Remand/Removal, State, State>California

Plaintiffs’ Motion for Remand Granted After Defendant Removes on Federal Officer; Sanctions Denied

The plaintiffs filed this action against multiple defendants including Foster Wheeler for Mr. Hukkanen’s alleged development of mesothelioma after serving as a machinist onboard the USS Somers and USS Walke from 1960 through 1968. Foster Wheeler removed the case, arguing that it was acting under an officer or agency of the United States. Foster Wheeler …

March 30, 2017 • Asbestos Case Tracker, Case Decisions, Missouri

Missouri Court of Appeals Finds Totality of Circumstances Standard Sufficient to Prove Causation under Wisconsin Law

Plaintiff Jean Urbach filed suit against 29 defendants on claims of negligence, strict liability, willful and wanton misconduct, and loss of consortium arguing that the defendants’ products caused her husband, Keith Urbach, to be exposed to asbestos, develop mesothelioma, and ultimately was the cause of his death. The plaintiff argues that Urbach was exposed to …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Rhode Island, Statute of Repose, Summary Judgment

Dissolved Company Failed to Meet Notice Requirements of Statute of Repose

Defendant Grover S. Wormer Company, individually and as successor-in-interest to Wright-Austin Company, brought a motion to dismiss the asbestos litigation filed on behalf of Frank D’Amico in the Superior Court of Rhode Island, Providence. Wormer originally brought its motion under Super. R. Civ. P 12(b)(6) and contended that the plaintiff’s claims for liability are barred …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Federal Officer Removal, Ohio, Remand/Removal

Case Remanded to State Court Following Resolution of Claims that Invoked Federal Officer Statute

The plaintiffs commenced this action in state court alleging that various products caused plaintiff Ralph Shonkwiler to develop mesothelioma. Defendant CBS Corporation (Westinghouse) removed the matter to federal court based on the federal officer statute since the plaintiffs claimed exposure to their product was a Navy turbine and the claimed exposure took place while plaintiff …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Choice of Law, Rhode Island, Statute of Repose, Summary Judgment

Rhode Island Court Applies Maine Law to Deny Summary Judgment to Insulation Contractor

The plaintiffs alleged negligence and breach of warranty based upon asbestos exposure sustained by decedent during his work at various job sites through the Laborer’s Union from 1969-1990. Defendant New England Insulation Company (NEI) filed a motion for summary judgment based upon various theories, which the court denied. During his deposition, the decedent testified that …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Rhode Island, Summary Judgment

Summary Judgment Granted to Valve Manufacturer Based on Insufficient Evidence of Exposure

The plaintiff filed suit in the Superior Court of Rhode Island, Providence for personal injuries and wrongful death alleging plaintiff’s decedent use of asbestos products with defendant’s valves were foreseeable to the defendant and, under a negligence theory, the defendant failed to warn of the associated hazards. The defendant moved for summary judgment under Maine …

March 20, 2017 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, Rhode Island

Exception to Boiler Manufacturer’s Bare Metal Defense Found in Denial of Summary Judgment

James Stevens served as a boiler technician aboard the USS Allagash from July 7, 1951 until October 11, 1952. The boilers on the Allagash were manufactured by Foster Wheeler and included asbestos containing materials in their construction. Foster Wheeler additionally provided additional asbestos containing materials to be used in the boilers. Mr. Stevens was diagnosed …