New York

Category: New York

October 23, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, New York

Plaintiffs’ Motion for Leave to Amend Complaint to Delete Federal Question Neither Prejudicial Nor Futile Where Remaining Defendant’s Summary Judgment Motion Did Not Argue Federal Claims

The plaintiff was diagnosed with mesothelioma and filed suit against a sea of defendants in New York state court. After responding to interrogatories indicating that he was exposed to asbestos while in the Navy, Foster Wheeler timely removed this case to federal court based upon the federal government-contractor defense. When the only defendant remaining was …

October 9, 2015 • Asbestos Case Tracker, Damages, New York, Significant Verdicts

After Supplier Defaulted Through Nonappearance, Court Awarded Damages In Unopposed Proceeding

An Erie County, New York court has issued a decision on damages in a default action where damages and liability were uncontested following a two-day bench trial in an asbestos case involving Joseph Muir, a 58-year-old man living with mesothelioma. Defendant Hedman Resources, Ltd. was the only remaining defendant. Hedman had been served with the …

October 9, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Valve Manufacturer Denied Summary Judgment on Bare Metal Defense

In this NYCAL case, it was alleged that the plaintiff, Mark Ricci, was exposed secondhand to asbestos from his father’s air conditioning and ventilation work. Aldo Ricci (Aldo), Mark Ricci’s father, testified that he was exposed to asbestos from working near others working on Crane Co. valves. Crane moved for summary judgment, arguing that the …

October 9, 2015 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Motion to Consolidate Trials Granted

The plaintiffs brought a motion to consolidate separate actions into three separate groups for joint trial. The court noted that as to the three groups, all of the plaintiffs are represented by the same law firm, are in the same phase of discovery, and the plaintiffs allege the same type of cancer. The court granted …

October 8, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Clutch Manufacturer Makes Prima Facie Showing of Entitlement to Summary Judgment

In this New York case out of Nassau County, the plaintiff alleged asbestos exposure to various products while working as a truck mechanic from the late 1950s to the mid 1990s. The plaintiff testified at his deposition that he removed and installed Eaton clutches on trucks from 1961 to 1970. Eaton moved for summary judgment …

October 8, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Defendants Fail to Make Prima Facie Entitlement to Summary Judgment Since They Failed to Show Their Products Could Not Have Contributed to Decedent’s illness or Death

In this case, the decedent alleged exposure to asbestos while working at Republic Steel from the early 1960s through the early 1970s. It is claimed he was exposed to insulation materials that were removed and installed in his vicinity while he was a laborer and to materials used to make “hot tops” while a crane …

October 2, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

NYCAL Court Rules a Plumber Dismantling a Sectional Boiler Was a Foreseeable User of That Product

In this NYCAL mesothelioma case, the plaintiff worked as a plumber from 1984-1996, disassembling plumbing equipment including Cleaver Brooks cast iron sectional boilers. Cleaver Brooks initially moved for summary judgment on the grounds that a plumber such as the plaintiff was not a foreseeable user of the product, which the lower court denied. The Appellate …

September 30, 2015 • Asbestos Case Tracker, New York, Significant Verdicts

NYCAL Jury Returns $25 Million Verdict in Mesothelioma Case

A NYCAL jury returned a $25 million verdict in a living mesothelioma case in favor of a 64-year-old mechanic, who worked at a variety of dealerships and gas stations in Colorado and Virginia, among other places, over the years. Defendant Ammco was a manufacturer of brake grinders and was found liable on a failure to …

September 24, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, New York

Brake Defendant’s Motion to Preclude Causation Expert Under Daubert Denied

The plaintiff commenced this wrongful death action alleging that the decedent developed mesothelioma caused by prolonged exposure to brake dust from brake pads manufactured by Bendix while working as a part-time bookkeeper at an auto repair shop from 1984-1990. Defendant moved in limine to preclude testimony from the plaintiff’s expert, Dr. Jill Ohar, with respect …

August 4, 2015 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, New York

Valve Manufacturer’s Bare Metal Motion for Summary Judgment Denied

It is alleged in this NYCAL case that the decedent, Russell Gonzales, was exposed to asbestos products, including insulation on valves manufactured by Crane Co., in the 1970s at various sites throughout New York City. The decedent died prior to testifying, but his co-worker, Joseph Zgombic testified that he and the decedent were responsible for insulating …