Summary Judgment

Category: Summary Judgment

September 5, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Summary Judgment

Court Denies Partial Motion for Summary Judgment on Punitive Damages Against John Crane While Granting Full Summary Judgment for Other Defendants

Icom Henry Evans and Johanna Elaine Evans filed an asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 11, 2015, asserting injuries arising from Mr. Evans’ alleged harmful exposure to asbestos. Defendant John Crane filed a partial motion for summary judgment as to the plaintiffs’ punitive damages claim. John … Continued

September 1, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Summary Judgment

Summary Judgment Granted to Premises Owner Because Asbestos Not Inherent on the Premise

Plaintiff Sandra Kivell alleged her husband developed and died from mesothelioma due to his asbestos exposure as a union pipefitter and welder. Defendant Union Carbide moved for summary judgment, which was granted. Union Carbide was a premises owner of a petrochemical facility in Taft, Louisiana, where decedent worked from January 1967-October 1969. Decedent did not … Continued

August 31, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Statute of Limitations, Summary Judgment

Brake Manufacturer’s Motion for Summary Judgment Granted Based on Statute of Limitations

The plaintiff brought suit in Delaware contending that David Bagwell contracted lung cancer from Pneumo Abex’s products. Bagwell was diagnosed in May 2009 and passed away from cancer on January 28, 2010. Plaintiff contacted an attorney regarding this matter in August or 2012. This matter was ultimately filed on June 2, 2014. Under South Carolina … Continued

August 23, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Summary Judgment

Summary Judgment Upheld for Georgia Pacific Because Proof Didn’t Distinguish Between Asbestos and Non-Asbestos Product

Defendant Georgia Pacific was granted partial summary judgment, in that all claims against the defendant “pre-1973” were barred. The plaintiff filed a motion for reconsideration arguing that the court overlooked the fact that the defendant stopped distributing asbestos joint compound in September 1973. In response to the plaintiff’s motion, the defendant argued that the court … Continued

August 23, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Summary Judgment

Summary Judgment Granted For Plaintiff’s Failure to File Complaint Within the Statute of Limitations

Ms. Bagwell filed suit against several defendants, alleging her husband developed lung cancer from asbestos related to Borg Warner clutches. The plaintiff’s brother was the sole fact witness who recalled his brother performing clutch work starting in 1965 through the 1980s approximately one time per week. The plaintiff’s expert report stated that the plaintiff was … Continued

August 23, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Summary Judgment

Pump Manufacturer Obtains Summary Judgment Based on Lack of Maintenance History and Identification of Replacement Parts

Plaintiff Jill Dudley alleged that her husband Frank worked on pumps from 1966-67 while employed at Cam Chemical Company in Detroit, Michigan. Defendant FMC moved for summary judgment, which the court granted. Frank Dudley testified that at least ten pumps were made by Chicago Pump; he broke down these pumps and repaired the gaskets. The … Continued

August 18, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Summary Judgment

Pipe Manufacturer’s Evidence Not Enough Under Causation Standard for pre-1982 claims; Summary Judgment Denied

The plaintiffs filed an action in the Superior Court of Delaware against defendant CertainTeed Corporation alleging that the plaintiff, Jack Trousdale, was exposed to asbestos from CertainTeed’s products. The plaintiffs contend that Mr. Trousdale purchased a flat-bed tractor trailer in 1972 to work as an independent truck driver, and as part of his job Mr. … Continued

August 11, 2017 • Asbestos Case Tracker, Case Decisions, Expert Challenges, New York, Single Fiber, Cumulative Exposure, Summary Judgment

Friction Defendants Granted Summary Judgment on the Issue of Causation

On August, 2, 2017, Nassau County Supreme Court Justice Julianne Capetola granted various defendants’ motion to renew and re-argue the court’s prior denial of the defendants’ combined Frye/summary judgment motions as to the issue of causation. Upon renewal, the court granted summary judgment to the defendants. By way of background, plaintiffs Giulio Novello and Rosaria … Continued

August 3, 2017 • Asbestos Case Tracker, Case Decisions, Personal Jurisdiction, Summary Judgment, Washington

Brake and Talc Supplier Successfully Move to Dismiss on Lack of Personal Jurisdiction

Following up on prior ACT posts as to the Hodjera suit out of the Western District of Washington, the court granted motions for summary judgment filed by defendants Honeywell International and Imerys Talc America Inc. under Fed. R. Civ. P. 12(c) for lack of personal jurisdiction. The court reiterated that due process requires a district … Continued

July 27, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Summary Judgment

Various Product Manufacturers Granted Summary Judgment Under Maritime and Oregon Law

Harold and Judy Haynes filed this asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 3, 2016, asserting claims arising from Mr. Haynes’ alleged harmful exposure to asbestos. Defendant Crane Co. removed the action to U.S. District Court in Delaware on July 15, 2016. Defendants Aurora, Warren Pumps, Pfizer, … Continued