Georgia Asbestos Case Law

Asbestos decisions from Georgia's courts and the federal courts there: 36 cases in our library so far. For what the law requires today, see Georgia asbestos laws; for where exposure happened, see Georgia asbestos exposure sites.

State supreme court

Georgia Supreme Court

• Certainteed Corporation v. Fletcher (2016). The Georgia Supreme Court affirmed the Court of Appeals in part (reinstating Fletcher's design-defect claim against CertainTeed) and reversed in part (holding CertainTeed owed no duty to warn her, so summary judgment for CertainTeed on failure to warn was proper).
• Scapa Dryer Fabrics, Inc. v. Knight (2016). The Georgia Supreme Court reversed the Court of Appeals' affirmance of the judgment for Roy Knight and his wife against Scapa Dryer Fabrics, holding that admitting Dr. Abraham's causation testimony was an abuse of discretion.
• Georgia-Pacific, LLC v. Fields (2013). The Georgia Supreme Court reversed the Court of Appeals, which had affirmed partial summary judgment for the Fieldses barring Georgia-Pacific and Union Carbide from asserting nonparty fault, holding the defendants could rely on the Fieldses' pleading admissions and that the 'right for any reason' rule could not be used to affirm on causation.
• DaimlerChrysler Corp. v. Ferrante (2006). The Georgia Supreme Court affirmed the trial courts' rulings that Georgia's 2005 asbestos claims Act could not constitutionally be applied to the plaintiffs' pending asbestos cases, so the plaintiffs won and the defendants lost.
• John Crane, Inc. v. Jones (2004). The Georgia Supreme Court affirmed the Court of Appeals, upholding the $1,975,000 verdict for Laila Jones against John Crane, Inc. and the trial court's refusal to give a "substantial contributing factor" jury charge.

State appeals courts

Georgia Court of Appeals

• Bowers v. CSX Transportation, Inc. (2023). The Georgia Court of Appeals affirmed the trial court's exclusion of the plaintiff's causation expert and its grant of summary judgment to CSX Transportation, so the estate of Luther Bowers lost.
• Sinyard v. Georgia Power Company (2022). The court affirmed summary judgment for Georgia Power only as to work on the new Units at Plants Scherer and Vogtle, reversed it on the remaining Georgia Power claims and in full for Ford, and affirmed summary judgment for Piedmont Hospital.
• Georgia Power Company v. Campbell (2021). The Court of Appeals affirmed the denial of summary judgment on Georgia Power's duty to Campbell and the admission of Dr. Brody's testimony, but vacated the orders admitting Dr. Holstein's testimony and on the statute of repose, and remanded for further proceedings.
• Johnson & Johnson v. Shiver (2021). The Georgia Court of Appeals reversed the four trial courts' denials of Johnson & Johnson's motions to dismiss, ruling for J&J and requiring dismissal of the estates' complaints without prejudice.
• Union Carbide Corp. v. Brannan (2021). The Georgia Court of Appeals affirmed the trial court's denial of Union Carbide's motion to dismiss, so Louise Brannan's personal injury claims for her late husband's estate could proceed in the second action.
• Davis v. John Crane, Inc. (2019). The court reversed summary judgment for John Crane, Inc. on product identification, and affirmed summary judgment for FMC Corporation on the negligent design and failure-to-warn claims over third-party replacement parts.
• McKENNEY'S Inc. v. Sinyard (2019). The Court of Appeals reversed the superior court's order, which had reversed the Board's denial of Kevin Sinyard's workers' compensation claim, so McKenney's and Travelers won and Sinyard lost.
• Davis v. Louisiana-Pacific Corp. (2018). Affirmed the superior court's ruling upholding the State Board of Workers' Compensation's dismissal for lack of jurisdiction, so Davis's family lost their claim against Louisiana-Pacific in Georgia.
• Fletcher v. Water Applications Distribution (2015). The Court of Appeals affirmed summary judgment for Water Applications and for CertainTeed on the manufacturing-defect and general negligence claims, but reversed summary judgment for CertainTeed on Fletcher's design defect and failure-to-warn claims.
• Scapa Dryer Fabrics, Inc. v. Knight (2015). The Georgia Court of Appeals affirmed the judgment on the jury verdict for Roy and Milva Knight against Scapa Dryer Fabrics, rejecting all of Scapa's challenges to the evidence, the expert testimony, the jury charges and the evidentiary rulings.
• Union Carbide Corporation v. Fields (2012). The Georgia Court of Appeals affirmed the grant of partial summary judgment to the Fieldses on the defendants' nonparty-fault defense and affirmed the denial of Union Carbide's summary judgment motion, so the Fieldses won both rulings and the defendants lost.
• Butler v. Union Carbide Corporation (2011). The Georgia Court of Appeals affirmed the trial court's exclusion of Dr. Maddox's specific causation testimony and its grant of summary judgment to Union Carbide, so Mrs. Butler lost.
• Adamson v. General Elec. Co. (2010). The Georgia Court of Appeals affirmed summary judgment for FMC (workers' compensation exclusive remedy) and for Chesterton, Garlock, CBS/Westinghouse, General Electric and Union Carbide (no proof of exposure to their asbestos products), against the estate's executor.
• Putzel Elect. Contractors v. Jones (2006). The Georgia Court of Appeals affirmed the superior court's affirmance of the workers' compensation award to Allen Ray Jones, rejecting the limitation and insufficient-exposure arguments of Putzel Electric Contractors and its insurer CNA Risk Management.
• Flowers v. Union Carbide Corp. (2005). The Georgia Court of Appeals affirmed the judgment entered on a jury verdict for Union Carbide, rejecting the Flowers family's claims of error on excluded evidence, the handling of the Georgia-Pacific stipulation, and the denial of a new trial.
• John Crane, Inc. v. Highsmith (2004). The Georgia Court of Appeals affirmed the judgment of $1,266,377 for Lois Highsmith and the estate of James Highsmith against John Crane, Inc., rejecting its challenges to the jury charges and the sufficiency of the evidence.
• John Crane, Inc. v. Jones (2003). The Georgia Court of Appeals affirmed the $1,975,000 jury verdict for Laila Jones against John Crane, Inc., upholding the jury charge, the evidence rulings and the denial of j.n.o.v. or a new trial.
• Williams v. Flintkote Co. (2002). The Georgia Court of Appeals affirmed summary judgment for Flintkote against Joyce and Carlton Williams, and dismissed the appeal as to GAF without prejudice because of GAF's bankruptcy stay.
• Hoffman v. AC&S, Inc. (2001). The Court of Appeals affirmed summary judgment for AC&S, Rapid-American and Armstrong World Industries because Hoffman did not show their products were the ones her brothers were exposed to, and dismissed the appeal without prejudice as to Pittsburgh-Corning and Asbestos Claims Management Company because of their bankruptcies.
• Kellogg Co. v. Pinkston (2001). The Court of Appeals vacated the $4.4 million default judgment for the Pinkstons against Kellogg-Eggo and remanded with direction to dismiss the complaint, because the Workers' Compensation Act's exclusivity provision left the court without subject matter jurisdiction.
• John Crane, Inc. v. Wommack (1997). The Georgia Court of Appeals affirmed the jury verdict for Edgar Wommack against John Crane, Inc., upholding denial of Crane's motions for directed verdict and new trial and its evidentiary and procedural rulings.

Federal appeals courts

U.S. Court of Appeals, Eleventh Circuit

• Thurmon v. Georgia Pacific, LLC (2016). The Eleventh Circuit affirmed summary judgment for Crane Co. against the Thurmon estate and his children, because they offered no evidence that a Crane Co. product caused his mesothelioma.
• In re Temple (1988). The Eleventh Circuit granted the petitioning plaintiffs' mandamus petition and directed the district court to vacate its order certifying a mandatory class against Raymark Industries and staying all related litigation.

Federal district courts

U.S. District Court, Middle District of Georgia

• Farmer v. Air and Liquid Systems Corporation (2018). The court granted summary judgment to Fisher Controls and Honeywell because the plaintiff did not show Mr. Farmer was exposed to asbestos from their products, and denied McWane's motion because it could be liable as a successor under a post-sale failure-to-warn theory.

U.S. District Court, Northern District of Georgia

• Thurmon v. AW Chesterton, Inc. (2014). The district court granted Crane Co.'s re-filed motion for summary judgment on claims about Crane valves, ruling against the plaintiffs, and directed the clerk to close the case.

U.S. District Court, Southern District of Georgia

• Hanson v. Colgate-Palmolive Co. (2018). The federal district court excluded the causation and contamination opinions of plaintiff Hanson's experts Gordon, Kradin and Moline and most of Webber's, and allowed the defense experts Sanchez, Mossman and Moolgavkar to testify, a ruling favoring Colgate-Palmolive.
• Hanson v. Colgate-Palmolive Company (2018). The district court granted Colgate-Palmolive's motions for summary judgment and partial summary judgment on punitive damages, entering judgment against Douglas Hanson on all claims because he had no evidence that his late wife was exposed to asbestos in Cashmere Bouquet talc, or at what level.
• Cabasug v. Crane Company (2013). The court granted Plaintiffs partial summary judgment striking the defendants' sophisticated purchaser defense, denied Plaintiffs' motion to strike the sophisticated user defense, and denied Aurora Pump Company's summary judgment motion.
• Cabasug v. Crane Company (2013). The court granted summary judgment to Maxim Evaporators, LLC and Viad Corp, finding no genuine issue that Cabasug was exposed to asbestos supplied by their alleged predecessors, and that Viad was not shown liable for its predecessor's subsidiary.
• Starling v. Seaboard Coast Line R. Co. (1982). The court dismissed the market share/industrywide liability, implied warranty and intentional tort counts in the asbestosis cases, in favor of the defendant manufacturers, but refused to dismiss the fraud count in the Buie and Starling cases.

Federal bankruptcy courts

U.S. Bankruptcy Court, Northern District of Georgia

• In re Fairbanks Company (2019). The court appointed James L. Patton, Jr., nominated by the Debtor and Committee, as future claimants' representative, over the U.S. Trustee's objection and alternative nominees.