An automobile parts retailer may be liable for asbestos exposure allegedly suffered by the owner of a business that maintained its own fleet of trucks, the Massachusetts Court of Appeals has ruled in reversing a dismissal. The plaintiff's mother died as a result of mesothelioma after owning and operating a fresh produce supplier with her husband for 40 years.
A shipyard worker's last employer was liable for his asbestos exposure based upon its inability to rebut the statutory presumption for occupational diseases under federal law, the 9th Circuit has ruled in reversing judgment. The plaintiff's husband worked as a carpenter in shipyards between 1956 and 1960. The defendant was the second of his three shipyard employers. Lockheed was the man's third and final employer in the industry.
The role of judge as gatekeeper to determine whether or not the basis of expert opinion has gained sufficient general acceptance to be considered reliable was reviewed in the Wayne County wrongful death action titled Dorothy A. DeMeyer, as executrix for the estate of David D. DeMeyer and Dorothy A. DeMeyer, individually v. Advantage Auto, et. al. New York State Supreme Court Judge Raymond E. Cornelius reviewed the defendant's motion in limine to exclude plaintiff's expert's opinions and concluded a Frye hearing was necessary in order to determine if the plaintiff's experts had used a methodology generally accepted in the relevant scientific community to conclude that occupational exposure to asbestos was a key factor in DeMeyer's death.
A Baltimore jury has awarded $15.3 million to a 73-year-old Halethorpe man whose terminal cancer was linked to asbestos exposure while working at a South Baltimore shipyard in the 1950s. After a two-week trial before Judge Carol E. Smith, the six- person jury decided rope made by John Crane Inc. contributed to George J. Linkus Sr.'s mesothelioma diagnosis 50 years later.
The manufacturer of a water evaporator used in a Navy ship had a duty to warn a sailor of potential asbestos exposure, even though the equipment itself did not contain asbestos, the Washington Court of Appeals has ruled in reversing a summary judgment. In another case, the court ruled that the manufacturers of ship valves, pumps and turbines had a duty to warn shipyard workers about how to safely avoid asbestos exposure during the regular maintenance of their products.
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