Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 … Continued
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 … Continued
The plaintiff brought his action on behalf of his decedent’s estate alleging that Howard Frankenberger developed lung cancer as a result of his work around asbestos containing insulation on turbines at various powerhouses in Illinois and Indiana. The turbines were alleged to have been manufactured by Westinghouse. Howard Frankenberger worked as a pipefitter at State … Continued
Plaintiff Larry Hoffman filed suit in the Superior Court of Washington, Pierce County against numerous defendants alleging he developed mesothelioma from exposure to asbestos. Specifically, Hoffman is alleging take-home exposure from his father working as a welder for Ketchikan in Alaska in the 1950s and 1960s. Hoffman also alleges exposure from his own work at … Continued
The plaintiff brought this action against defendants, including Westinghouse, for Earl Norberg, her decedent’s, alleged development of lung cancer as a result of his work around asbestos containing products while working at the Joliet and Romeoville Power stations. The plaintiff’s fact witness was Mr. Norberg’s brother, Howard, who recalled that he and the plaintiff worked … Continued
In this case, the decedent, Ralph Vitale, alleged exposure to asbestos from the installation of Burnham and Weil-McLain residential boilers during the course of his work through his own HVAC and plumbing business between 1966 and 1979. Defendants Burnham, LLC and Weil-McLain, a division of the Marley-Wylain Company, moved for summary judgment on the basis … Continued
In 2013, Carlos Tarazon filed a lawsuit against the City of Phoenix, alleging that he developed mesothelioma as a result of asbestos exposure while performing pipe installation and other repairs for the city on projects that took place between 1968 and 1993. The city, in turn, filed a third-party complaint against the developers and contractors … Continued
In this federal court case, three appeals regarding the constitutionality of the Indiana product liability act statute of repose were consolidated for review. Several defendants moved for summary judgment based on the statute of repose in each of the cases with various results. The plaintiffs now argue that section 2 of the statute draws a … Continued
In a follow-up decision from yesterday’s report regarding the summary judgment granted to Foster Wheeler, Sprinkmann Sons Corporation also moved for summary judgment. The Wisconsin federal court denied this motion. The decedent was a steamfitter; two co-workers testified regarding their work with the decedent at various industrial facilities. They overhauled turbines and tanks, and removed/installed insulation. … Continued
In this case, the plaintiff, Sandra Brezonick, alleged that the decedent, John Brezonick, was exposed to asbestos at various sites while working as a steamfitter in the Milwaukee area between 1966 and 2000. The plaintiff’s complaint alleged product liability, negligence and safe place statute claims under Wis. Stat. § 101.11 against numerous defendants. The defendants … Continued