Single Fiber, Cumulative Exposure Archives

Category: Single Fiber, Cumulative Exposure

October 7, 2015 • Case Decisions, Expert Challenges, Illinois, Single Fiber, Cumulative Exposure, Summary Judgment

Wife’s Testimony on Decedent’s Use of Brake Product and Expert Causation Testimony Held Sufficient to Defeat Summary Judgment

In this federal court case, decedent Richard Bell alleged exposure to asbestos while performing car maintenance from 1964 through the late 1970s. Defendant Honeywell, as successor of Bendix, moved for summary judgment, arguing that the decedent’s wife’s deposition testimony that the decedent used Bendix brakes with the word “asbestos” on the packaging was hearsay; that … Continued

May 14, 2015 • Case Decisions, Expert Challenges, Single Fiber, Cumulative Exposure, Wisconsin

In Wisconsin: Single Fiber Theory on Causation Held Scientifically Unreliable; Longo Precluded; Castleman Opinion Partially Precluded

In two asbestos cases, Owens Illinois, Inc. sought to exclude an opinion by the plaintiffs’ experts that “any exposure to asbestos, no matter how slight, remote or insignificant, is a cause or substantial contributing factor in causing Plaintiffs’ diseases.” The company also sought to exclude the testimony and testing of William Longo under FRE 702. The … Continued

April 17, 2015 • Case Decisions, Pennsylvania, Single Fiber, Cumulative Exposure

Pennsylvania Appellate Court Applies “Frequency, Regularity, Proximity” Standard, Dismissing Bystander Exposure Claim

The plaintiff commenced this action, alleging bystander exposure to brake work done on a P&H crane brakes. The defendants moved for summary judgment on the grounds there was insufficient evidence of asbestos exposure to any P&H crane brakes. In opposition to the motion, the plaintiffs relied on the following proof as recounted by the court: … Continued