Summary Judgment

Category: Summary Judgment

May 1, 2019 • Asbestos Case Tracker, Maryland, Summary Judgment

Boiler Manufacturer’s Affirmative Defenses of Sophisticated User and Superseding Cause Dismissed on Summary Judgment

MARYLAND — The plaintiff brought suit against several defendants including Foster Wheeler alleging her decedent, Mr. Morris, developed and passed from mesothelioma as a result of his occupational exposure to asbestos while working at Bethlehem Steel Sparrows Point Shipyard from 1948-1970’s. Foster Wheeler asserted various defenses in its amended answer including the defenses of sophisticated …

April 29, 2019 • Asbestos Case Tracker, Summary Judgment, Washington

Court Partially Grants Two Defendants’ Motions for Summary Judgment Based on Expiration of Statute of Limitations Under Washington Law

WASHINGTON — In Deem v. Air & Liquid Systems Corporation, et al., the United States District Court of the Western District of Washington recently ruled on two defendants’ motions for summary judgment. This case involved Thomas A. Deem (Mr. Deem), who worked at Puget Sound Naval Shipyard from 1974 to 1981 as an apprentice and …

April 25, 2019 • Asbestos Case Tracker, Summary Judgment

Union Carbide Obtains Summary Judgment Due to Speculative Evidence

DELAWARE — The plaintiff, Jane Rowland, alleged she developed mesothelioma from washing her husband’s clothes. Her husband performed home remodeling projects in Ohio in the 1970s using Georgia-Pacific joint compound. the plaintiff alleged that Union Carbide was responsible for her injuries because it supplied asbestos to Georgia-Pacific for use in its joint compound. Specifically, Union …

April 24, 2019 • Asbestos Case Tracker, State>Delaware, Summary Judgment

Plaintiff’s Failure to Establish Worksite Control Leads to Grant of Summary Judgment in Premises Liability Case”

DELAWARE — The plaintiff Werner Rath brought suit against several premise defendants including Delmarva Power and Light, Four Star Oil and Gas Company, Texaco, Inc. and Sunoco (defendants) alleging exposure to asbestos while working for Catalytic at worksites owned by the defendants. Specifically, Mr. Rath alleged exposure to asbestos from other trades working around him …

April 22, 2019 • Asbestos Case Tracker, Louisiana, Summary Judgment

Summary Judgment Granted in Secondary Exposure Case

LOUISIANA – The plaintiffs, the children of Theresa Rodrigue (Ms. Rodrigue), allege their mother was secondarily exposure to asbestos contained in products manufactured by multiple product manufacturers (defendants) who moved for summary judgment, respectively, when Ms. Rodrigue washed the clothing of her brother, a rigger in a shipyard. The court granted the defendants summary judgment …

April 22, 2019 • Asbestos Case Tracker, Summary Judgment

Railroad Defendant’s Motion for Summary Judgment Based on Standing Denied

NEBRASKA — In Bettisworth v. BNSF Railway Company, the court denied a defendant’s motion for summary judgment, which argued that the plaintiff was not the properly appointed representative for his late wife’s estate. The plaintiff’s wife was employed by the defendant from 1979 to 2012 as a laborer/hostler at the defendant’s yard in Alliance, Nebraska. …

April 16, 2019 • Asbestos Case Tracker, New York, Summary Judgment

Supplemental Depositions from Unrelated Actions Insufficient as Only Evidence of Exposure

NEW YORK — The plaintiff John Spicijaric (decedent) was diagnosed with lung cancer in June 2014, and died one week later. Prior to his lung cancer diagnosis, The decedent was also diagnosed with asbestosis. The decedent was deposed in his asbestosis case in 1985, but was never deposed in the present action. The decedent was …

April 16, 2019 • Asbestos Case Tracker, New York, Summary Judgment

Summary Judgment Granted to Floor Tile Defendant in Esophageal Cancer Case Due to Insufficient Causation Evidence

New York — The plaintiff was diagnosed with esophageal cancer in October 2013 and filed suit in 2014. The plaintiff identified ten projects where he worked with vinyl asbestos floor tile. In addition to defendant American Biltrite’s (ABI) tile, the plaintiff identified seven other brands of tiles he used throughout his career. The plaintiff could not …

April 12, 2019 • Asbestos Case Tracker, State>Delaware, Summary Judgment

Summary Judgment Granted For Muffler Manufacturer Where Inference of Exposure Not Permitted

DELAWARE — The plaintiff, Jimmy Crawford, sued Tenneco Automotive Operating Company Inc. (Tenneco), among other defendants, alleging that his lung cancer was caused by asbestos present in Walker automotive mufflers. Prior to his death, the plaintiff testified that he worked at two automotive stations from 1963 to 1965, where he worked with Walker mufflers. He …

April 8, 2019 • Asbestos Case Tracker, Pennsylvania, Summary Judgment

Estate’s Claims of Exposure from Steam Pipes That Were Not Connected to a Locomotive Survive Preemption Challenge

PENNSYLVANIA — The plaintiff’s decedent worked in Texas as an electrician from 1945 until 1989, and alleged exposure to asbestos from insulation that was incorporated into passenger railcars manufactured by Defendants from 1945 until the mid to late 1970s. Specifically, the plaintiff alleged that asbestos exposure from pipe insulation and “arc chute” insulation in the …