Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiffs Henry Stowers and his wife Laura Stowers filed suit in the Superior Court of Delaware, New Castle County, alleging that Henry Stowers was exposed to asbestos from various defendants’ products which caused his lung cancer. Stowers, as the plaintiffs’ sole product identification witness, testified that between 1985-87, Stowers was a self-employed roofer. His work …
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 …
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, …
The plaintiff filed suit against multiple defendants, including Moore Drydock, alleging he developed mesothelioma as a result of his work onboard the USS Carter Hall. The plaintiff further alleged that defendant Moore Drydock built the USS Carter Hall. Specific sources of exposures alleged by the plaintiff included gaskets, packing, and pipe insulation. The defendant moved …
The plaintiff filed objections to the Magistrate’s recommendation for granting summary judgment, arguing that his expert’s affidavit was enough to create an issue as to material fact. The court began its analysis and stated that its review of objections to a magistrate’s decision are de novo. The issue at heart was the plaintiff’s reliance on …
The defendants moved for summary judgment arguing that the plaintiff, Paul Paquin, had not established that he was exposed to any asbestos containing product for which the defendants were responsible. The court launched into its analysis with the standard for summary judgment and stated that summary judgment is not appropriate unless “the court determines that …
The plaintiff’s executrix brought this claim against multiple defendants alleging that her decedent, Mr. Denbow, developed mesothelioma as a result of his work in the U.S. Navy onboard the USS New Jersey from 1954-57 and while working at Koppers Chemical from 1965-70. The plaintiff relied upon the testimony of product identification witness Charles Ricker. Although …
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 …
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 …
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 …