Summary Judgment Archives

Category: Summary Judgment

August 29, 2016 • Case Decisions, New York, Summary Judgment

Summary Judgment Denied Where Defendant Merely Pointed to Gaps in Evidence and Asked Court to Weigh Credibility of Witness

In this case, the plaintiff Gaspar Hernandez-Vega alleges that he developed mesothelioma as a result of his alleged exposure to asbestos-containing products while working as a pipefitter. At his deposition, Hernandez-Vega testified interchangeably to work with “Edward valves,” “Vogt valves,” and “Edward-Vogt valves” that exposed him to asbestos through his changing of the packing and … Continued

August 26, 2016 • California, Case Decisions, Summary Judgment

California High Court Declines to Review Appellate Reversal of Trial Court’s Grant of Summary Judgment

On August 25, 2016, the California Supreme Court, without a written opinion, declined to hear a petition to review an appellate panel’s decision to overturn a trial court’s grant of summary judgment to Hennessy Industries Inc. In this case, the plaintiff claimed that the decedent, Frank Rondon, worked as a mechanic using defendant Hennessy’s (Ammco … Continued

August 23, 2016 • Case Decisions, Delaware, Maritime/Admiralty Law, Summary Judgment

Magistrate Judge Recommends Various Rulings on Five Summary Judgment Motions Filed by Defendants

The United States Magistrate Judge recommended disposition on five summary judgment motions filed by various defendants in this mesothelioma case wherein plaintiffs alleged asbestos exposure during plaintiff Mark Hillyer’s employment with the U.S. Navy from 1967-1997. The only product identification witness was plaintiff Mark Hillyer, who testified that he was exposed to asbestos through his … Continued

August 22, 2016 • Case Decisions, Connecticut, Summary Judgment

Summary Judgment for Crane Manufacturer Based on Affidavit of Company Vice President

Plaintif Katherine Filosi, individually and as executor of the estate of Donald Filosi, filed a complaint against multiple defendants, including American Crane & Equipment Corporation (ACECO). The plaintiff alleged that the decedent Donald Filosi was exposed to asbestos while employed by Boat Corporation (Electric Boat) as a rigger from 1961 to 1998 and, as a … Continued

August 17, 2016 • Case Decisions, Florida, Summary Judgment

Court Denies Multiple Motions including Plaintiff and Ford Motor Co.’s Daubert Motions, Ford’s Motion for Summary Judgment and Plaintiff’s Motion for Reconsideration

Plaintiff James Waite and his wife Sandra Waite brought this action against Ford Motor Co. and Union Carbide Corporation (UCC) for Mr. Waites’ alleged development of mesothelioma from his work on brakes and clutches. UCC’s motion to dismiss for lack of personal jurisdiction was at first denied by the Court but then granted on UCC’s … Continued

August 11, 2016 • Case Decisions, Delaware, Summary Judgment

Defendants Granted Summary Judgment Where Plaintiff Failed to Satisfy Frequency, Proximity, Regularity Standard

Plaintiff Robert Lee Winhauer filed an asbestos action in the Delaware Superior Court against multiple defendants, asserting personal injury claims relating to a mesothelioma diagnosis proximately caused by alleged exposure to asbestos. The defendants removed the action to the U.S. District Court for the District of Delaware. After Winhauer’s death, the complaint was amended to … Continued

August 4, 2016 • Case Decisions, Pennsylvania, Punitive Damages, Summary Judgment

Court Provides Mixed Ruling on Motions for Summary Judgment on Punitive Damages Brought by Boiler Manufacturers

The Court of Common Pleas of Lackawanna County in Pennsylvania recently ruled on partial motions for summary judgment with respect to punitive damages asserted by the paintiffs, Robert Horst, Jr. and Diane Horst. Defendants filing said motions included Burnham, LLC , Lennox Industries, Inc., and Weil-McLain. The court stated that, in Pennsylvania, a punitive damages … Continued

August 3, 2016 • California, Case Decisions, Summary Judgment

Motion for Reconsideration of Summary Judgment of Defendants Electric Boat and General Dynamics Denied for Failure to Establish Material Difference in Fact or Law

The plaintiffs’ filed suit in the Superior Court for the County of Los Angeles, alleging her decedent developed mesothelioma as a result of occupational exposure to asbestos while he worked as a machinist on various U.S. Navy ships manufactured by the defendants. The case was removed to federal court and Electric Boat and General Dynamics … Continued

August 1, 2016 • Case Decisions, Connecticut, Summary Judgment

Summary Judgment Recommended Where Plaintiff Fails to Establish Substantial Factor Causation Against Multiple Defendants

Plaintiff Mark Hillyer sued multiple defendants, alleging that he developed mesothelioma as a result of exposure to asbestos-containing products while serving in the Navy from 1967 to 1997. His claims were based in negligence, strict liability and loss of consortium. In discovery, the plaintiff was deposed on two occasions but did not produce any other … Continued

August 1, 2016 • California, Case Decisions, Expert Challenges, Summary Judgment

Appellate Court Allows Industrial Hygienist’s Reliance on Hearsay Evidence in Overturning Summary Judgment in Favor of Defendant Lumber Company

The plaintiff, Jerry Charlifue, sued Goodman Lumber Company after he was diagnosed with mesothelioma. He worked as a taper and painter for U.S. Taping Company between 1972 and 1978. His duties involved applying joint compound and smoothing out walls and ceilings where drywall had been hung. The plaintiff worked with dry joint compound for the … Continued