Summary Judgment

Category: Summary Judgment

February 3, 2017 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Fire Door Manufacturer Obtains Summary Judgment in NYCAL; No Duty to Warn Against Latent Dangers from Unforeseeable Use of Product

Defendants International Paper Company and Owens-Illinois, Inc. moved for summary judgment, which was granted. All Craft Fabricators, Inc. was hired to do millwork in refurbishing the United Nations headquarters. The general contractor issued a change order to use salvaged wood panels and doors from the Under-Secretary General’s office. These materials were resized and cut for …

January 31, 2017 • Asbestos Case Tracker, Case Decisions, Maryland, Summary Judgment

In Bystander Exposure Case, Plaintiff Failed to Demonstrate that Defendant Had a Duty to Warn

Plaintiff Daniel Hiett developed mesothelioma and alleged bystander exposure from his father’s work. The plaintiff alleged negligence and strict liability claims based on a failure to warn theory. The circuit court granted defendant AC&R Insulation Company, Inc,.’s (AC&R) motion for summary judgment. The plaintiff appealed, arguing that several material facts distinguished their case from Georgia …

January 30, 2017 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Summary Judgment

Summary Judgment Affirmed Against School Board Where Exception to Immunity Applied

The plaintiffs filed suit against 40 defendants and the Pittsburgh School District Board of Public Education (PBE). The plaintiffs contended the defendants were responsible for Ms. Geier contracting mesothelioma while she worked as a school teacher at South Hill High School from 1959-59. During discovery, Ms. Geier stated in an affidavit that she was occupationally …

January 30, 2017 • Asbestos Case Tracker, Bankruptcy, Case Decisions, Pennsylvania, Summary Judgment, Take-Home Exposure

Summary Judgment Affirmed in Favor of Successor Premises Owner Where Bankruptcy Code Extinguished Claims

Jacqueline and Thomas Wagner filed suit against Standard Steel LLC for Ms. Wagner’s alleged development of mesothelioma as a result of take home exposure from the work clothes of her husband. Mr. Wagner worked as a laborer and crane operator at Freedom Forge from 1970-72. Freedom Forge filed for Chapter 11 protection in 2001. Appellee …

January 24, 2017 • Asbestos Case Tracker, Damages, Summary Judgment, Take-Home Exposure, Washington

Verdict Against Brand Insulation Upheld on Various Grounds, Including that General Negligence Duty of Care Recognized for Take Home Exposure

The trial court found in favor of the plaintiff, finding Brand Insulation, Inc. liable for the mesothelioma suffered by Barbara Brandes due to secondary asbestos exposure from her husband’s work at ARCO. Brand appealed, and the plaintiff appealed the remittitur reducing the damages award from $3.5 million to $2.5 million. The court affirmed the verdict …

January 23, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Plaintiff’s Inconsistent Testimony is an Issue for Trial; Summary Judgment is Denied

On January 17, 2017, the Superior Court of Delaware, New Castle denied RCH Newco II LLC’s (Newco) motion for summary judgment. The plaintiff, Jessie Hastings, alleged that he contracted colon cancer as a result of his exposure to Newco’s asbestos-containing product, Galbestos. Galbestos was a material that protected metal and roofing products. Mr. Hastings was …

January 23, 2017 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Summary Judgment

Summary Judgment Affirmed Where Plaintiff Fails to Demonstrate the Frequency, Regularity, or Proximity of Decedent’s Alleged Exposure

Appellant James Floyd, Jr.’s Father, James Floyd Sr. (the decedent), passed away after he was diagnosed with mesothelioma. Mr. Floyd alleged that the decedent was exposed to various asbestos-containing products, including AstenJohnson, Inc.’s dryer felts, while the decedent was employed at Sun Oil from 1939-1951 and at Scott Paper from 1951-1984. AstenJohnson made dryer felts …

January 17, 2017 • Asbestos Case Tracker, Case Decisions, New Jersey, Summary Judgment

New Jersey Court Finds Plaintiff’s Certification Speculative and Grants Defendant’s Summary Judgment Motion

Plaintiff John Burton filed suit in the Superior Court of New Jersey, Middlesex County, against various defendants, including Ingersoll Rand, alleging he developed mesothelioma from occupational exposure to asbestos during his work at a New Jersey facility that manufactured aluminum cans. During his discovery deposition, Burton testified that the production of aluminum cans required a …

January 11, 2017 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, State>Delaware, Summary Judgment

No Error in Recommendation of Summary Judgment Where Plaintiffs Failed to Establish Causation

Summary Judgment was recommended by the magistrate for the plaintiffs’ failure to establish causation in this case. The plaintiff appealed and contended that his asbestos related disease was a result of exposure to asbestos from Foster Wheeler boilers while working onboard the USS Gridley. The court noted that the standard of review of a magistrate’s …

January 9, 2017 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Summary Judgment

Death of Statutory Beneficiary During Pendency of Jones Act Claim Did Not Extinguish Jones Act Claims; Estate Could Recover Benefit

Defendant Thompson Hine filed a motion for summary judgment, arguing that the plaintiff’s Jones Act survival claims abated due to no statutory beneficiary. The court denied the motion. The plaintiff alleged that the decedent, Joseph Braun, was exposed to asbestos during his work aboard ships owned by the defendants and died from an asbestos-related disease. …