Summary Judgment

Category: Summary Judgment

March 28, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Summary Judgment Granted in Favor of Defendant Company Pursuant to California’s Workers’ Compensation Act in Matter Involving 44 Years of Alleged On-The-Job Asbestos Exposure

The plaintiff filed a lawsuit in state court alleging that from 1956 to 1990, he was employed by the defendant and “spent a significant portion of that time ‘dealing with asbestos, fiber glass products and other hazardous products.’” The three causes of action were for: (1) premises liability; (2) negligence; and (3) negligent infliction of …

March 25, 2016 • Asbestos Case Tracker, Case Decisions, State>Alabama, Summary Judgment

Lack of Evidence Linking Decedent’s Asbestos Exposure to Defendants Leads to Summary Judgment for Pump and Valve Manufacturers and Contractor

The plaintiff, George Holland, brought this action on behalf of the decedent, Owen Holland, alleging exposure to asbestos from his work at Monsanto Chemical Plant from 1967–2004. From 1974-2002, the decedent worked with external components of pumps and valves manufactured by Goulds and Crane. He also would sweep packing from around the pumps and fibers …

March 23, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Even Applying Relaxed Product Identification Standards of New York Law, Plaintiff Fails to Establish Exposure to Five of Six Defendants Moving for Summary Judgment

The decedent, a lifetime electrician, passed away in 2014 of lung cancer. Prior to passing, he filed a lawsuit for asbestos exposure against numerous manufacturers. Six defendants filed motions for summary judgment arguing lack of exposure — Rockwell Automation (Allen-Bradley); BW/IP International (Byron Jackson); Air & Liquid Systems (Buffalo); Gardner Denver; Schneider Electric (Square D); …

March 21, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Summary Judgment Affirmed Where Plaintiff Failed to Produce Sufficient Evidence of Asbestos Exposure

In this case, the plaintiff Melvin Desin, an electrician, alleged that he was exposed to asbestos while working at various job sites in the 1960s and early 1970s, including on seven or eight occasions in the vicinity of painters employed by defendant Zelinsky, a painting contractor. At his deposition, the plaintiff testified that he worked …

March 18, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Summary Judgment Affirmed as Evidence of Asbestos Impurities in Auto Body Filler Only Equated to a Possibility of Asbestos Exposure

In this case, it was alleged that the plaintiff, John DePree, was exposed to asbestos from various products, including the use of Bondo auto body filler in the 1970s to repair dents in his cars. BASF Catalysts, LLC moved for, and was granted, summary judgment based on its argument that the plaintiffs could not offer …

March 17, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Summary Judgment Overturned on Triable Issue as to Medical Monitoring of Plaintiff’s Asbestos-Related Pleural Plaques

In this federal court case, the plaintiff, Robert Hanson, filed a complaint in 2010 against various defendants, including “Doe” defendants, alleging asbestos exposure caused his asbestosis. In 2012, the plaintiff substituted Collins Electrical Company for one of the Doe defendants. In 2013, Collins moved for summary judgment, arguing that the plaintiff did not have any …

March 14, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Federal Court Applies Bare Metals Defense in Finding Boiler Manufacturer Not Liable for Asbestos Supplied by Third Parties

After the plaintiff’s husband died from lung cancer, the plaintiff filed a lawsuit alleging strict liability and negligence due to asbestos exposure from his work insulating and maintaining boilers. It was transferred to the Pennsylvania MDL, then remanded back to Wisconsin federal court. Defendant Trane U.S., Inc. then moved for summary judgment, arguing: (1) it …

February 24, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

NYCAL Judge Denies Defendant’s Motion for Summary Judgment on Product Identification and Other Grounds

In a February 22, 2016 decision, the Honorable Peter H. Moulton, J.S.C. of the Supreme Court of the State of New York, New York County denied the defendant’s motion for summary judgment in a case where the plaintiff-decedent was allegedly exposed to asbestos during a lengthy career as a longshoreman on at certain New York City …

February 22, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, State>California, Summary Judgment

Expert Opinion on Asbestos Content of Insulation — Based in Part on Non-Party Witness Declaration — Sufficient to Create Question of Fact to Overcome Summary Judgment

In this case, it was claimed that the decedent, Michael O’Leary, was exposed to asbestos while working as a rigger at the Tosco Refinery in the 1970s to late 1980s near employees from the defendant, Dillingham Construction N.A., Inc., who were sweeping up insulation off the floor in his vicinity. The trial court precluded the …

February 22, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Summary Judgment, Wisconsin

Mixed Rulings on Daubert Challenges and Motions for Summary Judgment by Employer on Employees’ Non-Occupational Asbestos Exposure Claims

In this decision, there were eight separate actions against Weyerhaeuser Company involving private and public nuisance claims brought by, or on the behalf of, former employees of Weyerhaeuser for asbestos-related injuries based on non-occupational exposure. Weyerhaeuser used asbestos in its mineral core plant to manufacture a door core. The plaintiffs non-occupational exposure claims were based …