Missouri Asbestos Case Law

Asbestos decisions from Missouri's courts and the federal courts there: 54 cases in our library so far. For what the law requires today, see Missouri asbestos laws; for where exposure happened, see Missouri asbestos exposure sites.

State supreme court

Missouri Supreme Court

• Hegger v. Valley Farm Dairy Co. (2020). The Missouri Supreme Court affirmed the Labor and Industrial Relations Commission's denial of enhanced mesothelioma benefits to Hegger's children, ruling for Valley Farm and its insurers and against the claimants.
• Hegger v. Valley Farm Dairy Company (2020). The Missouri Supreme Court affirmed the Labor and Industrial Relations Commission's denial of enhanced mesothelioma benefits to Vincent Hegger's children, ruling for the employer Valley Farm Dairy over the claimants.
• Accident Fund Insurance Company v. Casey (2018). The Supreme Court of Missouri affirmed the Commission's award of enhanced mesothelioma benefits against the employer and insurer (Accident Fund) and modified it to add Casey's eight adult children to the award alongside the widow.
• Hoskins v. Business Men's Assur. (2002). The Missouri Supreme Court held section 537.675 (state lien on 50% of punitive damages) constitutional, rejecting Federal-Mogul and T & N's excessive fines, due process and takings challenges, and transferred the remaining appeal issues to the Court of Appeals, Western District.
• Hagen v. Celotex Corp. (1991). The Missouri Supreme Court reversed the $2,000,000 jury verdict for the Hagen family, directing judgment for Owens-Illinois and remanding for a new trial against Fibreboard because the plaintiffs' proof of causation was insufficient.
• Speck v. Union Elec. Co. (1987). The Missouri Supreme Court held that the trial court's designation of its dismissal of Count III as final under Rule 81.06 was effective and not an abuse of discretion, overruled Union Electric's motion to dismiss the appeal, and sent the case back to the Court of Appeals to decide the merits.

State appeals courts

Missouri Court of Appeals

• Barnes v. Athene Annuity & Life Assurance Company (Western District, 2023). The appeals court reversed summary judgment for Athene Annuity & Life Assurance Co. and remanded the case, with Roslyn Barnes's sanctions motion, to the trial court for further proceedings.
• Callanan v. Chesterton (Eastern District, 5th Division, 2020). The Missouri Court of Appeals reversed the summary judgment for Cleaver-Brooks, Inc. and remanded for further proceedings, ruling for the plaintiffs, Mary Callanan and Kelley Miller.
• Hayden v. Cut-Zaven, Ltd. (Eastern District, 4th Division, 2020). The Court of Appeals reversed the Labor and Industrial Relations Commission's denial of workers' compensation benefits, held that the hairdresser's job was the prevailing factor causing his mesothelioma, set his date of injury as June 26, 2014, and remanded for the remaining issues, with the claimant (his widow) prevailing over the employers Cut-Zaven and Papillion.
• Ingham v. Johnson & Johnson (Eastern District, 2nd Division, 2020). The court reversed the judgment against Johnson & Johnson Consumer Companies on two out-of-state plaintiffs' claims and against Johnson & Johnson on all seventeen out-of-state plaintiffs' claims for lack of personal jurisdiction, rejected the defendants' other challenges, and entered a reduced judgment of $500 million compensatory and $900 million punitive against JJCI and $125 million compensatory and $715,909,091 punitive against J&J.
• Hegger v. Valley Farm Dairy Company (Eastern District, 4th Division, 2019). The Court of Appeals reversed the Labor and Industrial Relations Commission's denial of enhanced mesothelioma benefits to Hegger's children and remanded to determine which insurer covered Hegger's last exposure, with one judge dissenting.
• Accident Fund Insurance Company v. Casey (Western District, 2017). The Court of Appeals did not decide the merits; it transferred the case to the Missouri Supreme Court because the insurer's and employer's constitutional challenge to the statute is within that court's exclusive jurisdiction.
• Poage v. Crane Co. (Eastern District, 2nd Division, 2017). The Missouri Court of Appeals affirmed the judgment for Jeanette Poage against Crane Co., rejecting Crane's challenges to liability, the $10,000,000 punitive award, and the settlement offset.
• Urbach v. the Okonite Company (Eastern District, 2017). The Missouri Court of Appeals affirmed the judgment for plaintiff Jean Urbach against Okonite, rejecting all four of Okonite's challenges: the evidence rulings, the causation challenge, the Wisconsin damages cap, and the trust assignment request.
• Bergstrom v. Welco Manufacturing Company (Eastern District, 1st Division, 2015). The Missouri Court of Appeals reversed the trial court's summary judgment for Welco Manufacturing and remanded, ruling for the Bergstroms because a genuine factual dispute existed about exposure to asbestos-containing Welcote joint compound.
• Foreman v. AO Smith Corp. (Eastern District, 4th Division, 2015). The Missouri Court of Appeals affirmed the judgment for Lawrence Foreman against Sid Harvey Industries, rejecting all four of Sid Harvey's challenges to the verdict and the judgment reduction.
• Wagner v. Bondex International, Inc. (Western District, 2012). The court reversed the judgment against Simpson Timber for lack of proof its tile contained asbestos, affirmed the judgment against Bondex and the damages amount, and remanded to reallocate Simpson Timber's 35% of fault between Bondex and Conwed.
• State EX rel. Kcp&l Greater Missouri Operations Company v. Cook (Western District, 2011). The en banc Western District quashed its preliminary writ of prohibition, leaving in place the circuit court's denial of KCP&L's summary judgment motion, so Gunter (the worker) may pursue his common-law claims against KCP&L; two judges dissented.
• State EX rel. Ford Motor Company v. Nixon (Western District, 2007). The Court of Appeals made absolute its writ of prohibition, barring the Jackson County circuit court from proceeding on the workplace injury claims against Ford and F.X. Scott and directing dismissal of Counts IV, V and the related part of Count VI without prejudice, so Ford and Scott won and the Dietikers lost.
• HK Porter Company, Inc. v. Transit Casualty Company IN Receivership (Western District, 2006). The appeals court affirmed the judgment for Transit Casualty, holding that H.K. Porter and its subsidiaries, including the acquired asbestos companies, were covered by the policies but subject to the asbestos-related injury exclusion for the whole policy period, including May 1-24, 1982.
• Goede v. Aerojet General Corporation (Eastern District, 3rd Division, 2004). The Missouri Court of Appeals affirmed the judgment for the plaintiffs against Aerojet, rejecting all of Aerojet's points on appeal, including its challenges to the discovery sanction, expert exclusion, choice of law, remittitur and jury instructions.
• Hoskins v. Business Men's Assurance (Western District, 2003). The appeals court affirmed the jury's verdicts for Forest and Julia Hoskins against T & N and Federal-Mogul, including the $7 million punitive award, but reversed the trial court's award of prejudgment interest on the punitive damages.
• Nugent v. Owens-Corning Fiberglas, Inc. (Eastern District, 3rd Division, 1996). The Missouri Court of Appeals affirmed the judgment on the jury verdict for Owens-Corning Fiberglas and ACandS, rejecting the widow's claims of trial error (one judge dissented as to the Hazard deposition).
• Clayton Center Assoc. v. WR Grace & Co. (Eastern District, 2nd Division, 1993). The Missouri Court of Appeals affirmed the trial court's judgment, upholding the jury's compensatory award for the building owners against W.R. Grace and leaving in place the JNOV that removed the punitive damages award.
• Harashe v. Flintkote Co. (Eastern District, 3rd Division, 1993). The Missouri Court of Appeals affirmed the $2.5 million jury verdict and judgment for plaintiff Edward Harashe against W.R. Grace & Co.—Conn.
• Hagen v. Rapid American Corp. (Eastern District, 4th Division, 1990). The appeal was dismissed because the plaintiffs (the Hagen family) were not parties aggrieved by the order quashing service on Rapid American Corporation and dismissing it without prejudice for lack of personal jurisdiction.
• Speck v. Union Elec. Co. (Eastern District, 2nd Division, 1987). The appeals court reversed the trial court's dismissal of the wrongful death count against employer Union Electric and remanded so the children of Stephen Speck could replead; the claim over the initial illness stayed barred, but the concealment-of-health-information allegation might support a claim.

Federal district courts

U.S. District Court, Eastern District of Missouri

• Guthe v. Johnson & Johnson (2024). The court granted PTI Union's motion to dismiss the strict liability, negligence and willful-and-wanton counts against it without prejudice, and denied its request for a stay without prejudice; the plaintiffs lost on the dismissed counts, though they may amend.
• Lindsey v. Dow Chemical Company (2021). The court held that Johnson & Johnson and Johnson Consumer properly removed the case on diversity grounds, dismissed the other defendants as fraudulently joined, and denied plaintiff Lindsey's motions for leave to amend, to remand, and for a hearing.
• Douglas v. Johnson & Johnson Consumer, Inc. (2020). The court granted Johnson & Johnson Consumer's motion and transferred the case from the Eastern District of Missouri to the Eastern District of Tennessee, over plaintiff Douglas's opposition.
• Douglas v. Imerys Talc America, Inc. (2019). The district court denied Johnson & Johnson's motion to dismiss for improper venue or transfer under § 1406, and granted plaintiff's voluntary dismissal without prejudice of Imerys Talc America, which lifted the bankruptcy stay.
• Douglas v. Imerys Talc America, Inc. (2019). The court denied plaintiff Douglas's motion to remand because complete diversity existed, and granted PTI Union's motion to dismiss the claims against it with prejudice, so PTI Union won and Douglas lost on both motions.
• Zurich American v. Insurance Co. of North America (2019). The court granted Insurance Company of North America's summary judgment motion, denied Zurich American's, and dismissed Zurich's contribution, subrogation and unjust enrichment claims with prejudice.
• MacCormack v. Ingersoll-Rand Company (2018). The federal district court granted Ingersoll-Rand's motion for summary judgment, holding that the representatives of Berj Hovsepian were barred by collateral estoppel from pursuing their claims, because a Massachusetts court had already granted Ingersoll-Rand summary judgment against Hovsepian.
• New Hampshire Insurance Company v. Pennington (2018). The court denied Pennington's challenge to personal jurisdiction and found subject-matter jurisdiction, but granted her motion to dismiss to the extent of abstaining and staying New Hampshire Insurance's declaratory judgment action in favor of the pending Missouri workers' compensation proceeding.
• Otten v. Liberty Mutual Insurance Company (2018). The court granted the Ottens' motion to remand and sent the case back to the Circuit Court of St. Louis City, Missouri, rejecting Liberty Mutual's arguments for diversity jurisdiction.
• Zurich American Insurance Company v. Insurance Company of North America (2018). On reconsideration, the court vacated its earlier pro rata ruling, granted summary judgment to Anheuser-Busch against Zurich's equitable claims, and reopened the Zurich v. INA dispute for further briefing.
• MacCormack v. Air & Liquid Systems Corporation (2017). The court granted Air & Liquid Systems Corporation (successor to Buffalo Pumps) summary judgment, holding the plaintiffs' claims against it were barred by collateral estoppel from an earlier Massachusetts judgment.
• MacCormack v. the Adel Wiggins Group (2017). The court granted Warren Pumps' motion to dismiss, holding that the plaintiffs' claims against it were barred by collateral estoppel because of a prior Massachusetts summary judgment in its favor.
• MacCormack v. the Adel Wiggins Group (2017). The court granted defendant CBS Corporation's motion to reconsider and, on reconsideration, found it lacked general or specific personal jurisdiction over CBS in Missouri, a loss for the plaintiffs.
• MacCormack v. the Adel Wiggins Group (2017). The court granted Crane Co.'s motion to dismiss, holding the plaintiffs' claims against Crane Co. barred by collateral estoppel because a Massachusetts court had already granted Crane Co. summary judgment on causation.
• Bristol v. Ford Motor Company (2016). The district court granted Plaintiff Nola Bristol's motion to remand to the Circuit Court for the City of St. Louis because Ford's removal came more than one year after the suit was filed and Ford did not show bad faith, but denied her request for costs, fees and sanctions against Ford.
• Harrison v. Volkswagen Group OF America, Inc. (2016). The district court found no subject matter jurisdiction because the Missouri defendant J.P. Bushnell was not fraudulently joined, rejected Volkswagen's removal, and remanded the case to the St. Louis state court, a win for the plaintiffs.
• Hartfield v. 3M Company (2016). The court granted plaintiff James Hartfield's motion to remand to Missouri state court, finding Dow Chemical did not show the Missouri defendant J.P. Bushnell was fraudulently joined, and denied his request for attorneys' fees.
• Hovsepian v. Crane Co. (2016). The court denied plaintiff Berj Hovsepian's motion to remand, so defendant Crane Co. kept the case in federal court after removing it under the federal officer removal statute.
• Hovsepian v. the Adel Wiggins Group (2016). The court granted defendant BW/IP's motion to dismiss, holding plaintiff Hovsepian's claims against it barred by collateral estoppel because a Massachusetts court had earlier granted BW/IP summary judgment on causation.
• Hovsepian v. the Adel Wiggins Group (2016). The court denied defendant CBS Corporation's motion to certify its personal-jurisdiction ruling for interlocutory appeal, so plaintiff Hovsepian prevailed on this motion.
• Zurich American Insurance Company v. Insurance Company of North America (2016). The court granted summary judgment to INA, finding its pro rata share of the $1.5 million settlement fell below its deductibles, and denied Zurich's and Anheuser-Busch's summary judgment motions, leaving Zurich's claim against Anheuser-Busch pending.
• Schaffer v. Air & Liquid Systems Corporation (2015). The district court granted plaintiff Ann Schaffer's motion to remand the case to Missouri state court, rejecting Exxon Mobil's removal, and denied her request for attorney's fees.
• Pickard v. Dap, Inc. (2014). The court rejected Union Carbide's claim that Missouri defendant Welco was fraudulently joined, found no removal jurisdiction, and remanded the case to the St. Louis City circuit court, a win for the plaintiffs.