What is asbestosis: Asbestos Court Decisions

Decisions in our case-law library that involve asbestosis: 395 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see What is asbestosis.

Alabama

• Bobo v. Tennessee Valley Authority (2015). After a bench trial, the federal court did not enter judgment for either side and instead certified two unsettled questions of Alabama law (a premises owner's duty in take-home asbestos cases, and the causation standard for multiple exposures) to the Alabama Supreme Court in the case brought by Barbara Bobo's estate against the Tennessee Valley Authority.
• McGUFFIE v. Mead Corporation (2014). The district court granted summary judgment to MW Custom Papers, LLC and MeadWestvaco Corporation, holding MW Custom Papers was the only proper defendant and that the McGuffies' 1995 release barred the claim, and denied the plaintiff's motion to strike.
• Wilkerson v. Burlington Northern RR Company (1999). The Alabama Court of Civil Appeals affirmed summary judgment for Burlington Northern and Illinois Central railroads, holding Wilkerson's FELA asbestos claims were time-barred; Wilkerson lost.

Alaska

• In re Estate OF Maldonado (2005). The Alaska Supreme Court reversed the superior court's ruling that all the asbestos settlement proceeds were part of the augmented estate, which favored the surviving spouse Barbara Maldonado, and remanded to decide what part of the settlement, if any, paid survivorship claims, which may be included.

California

• Speck v. CBS Corporation (2024). The court granted summary judgment to General Dynamics, Gould, Plenco, Union Carbide, Ericsson and RSCC Wire & Cable, and to Eaton on the fraud claims. It denied summary judgment to Bath Iron Works and Metalclad, rejected their government contractor defense, and denied Eaton's request on punitive damages.
• Darden v. Western Asbestos Settlement Trust (In re Western Asbestos Settlement Trust) (2022). The district court affirmed the bankruptcy court's summary judgments for the Western Asbestos Settlement Trust, holding the 1986 release and claim preclusion barred Darden's personal injury claim and the Trust need not pay the heirs' wrongful death claims; the Dardens lost, and the Trust's motion to strike new reply-brief arguments was granted.
• Benavidez v. Fluor Corp. (2nd Appellate District, 7th Division, 2021). The Court of Appeal reversed the summary judgment for Fluor Corporation and directed the trial court to deny Fluor's motion, so plaintiff Michael Benavidez won.
• Holcomb v. Colvin (2015). The court denied plaintiff Glenn Holcomb's motion for summary judgment, granted the Commissioner's cross-motion, and directed entry of judgment for the Commissioner, upholding the denial of disability benefits.
• Barker v. Hennessy Industries, Inc. (2nd Appellate District, 2nd Division, 2012). The Court of Appeal affirmed summary judgment for Hennessy Industries against the Barker family's wrongful death claims, with one justice dissenting.
• Bettencourt v. Hennessy Industries, Inc. (1st Appellate District, 5th Division, 2012). The Court of Appeal reversed the judgments on the pleadings for Hennessy Industries on the strict products liability and negligence claims, holding plaintiffs should have been allowed to amend, and affirmed as to all other causes of action.
• Shields v. Hennessy Industries, Inc. (1st Appellate District, 1st Division, 2012). The Court of Appeal reversed the judgments on the pleadings for Hennessy Industries and remanded, holding the plaintiffs' brake-grinding-machine negligence and strict liability claims were sufficient to proceed.
• Ransom v. Calaveras Asbestos, Ltd. (2nd Appellate District, 5th Division, 2009). The Court of Appeal affirmed the judgment for plaintiff Lori Ransom (successor to Glade Cookus) against Calaveras Asbestos, Ltd., rejecting Calaveras's challenge to the jury's 24 percent fault allocation; one justice dissented.
• Garza v. Asbestos Corp., Ltd. (1st Appellate District, 3rd Division, 2008). The Court of Appeal affirmed the judgment for Joseph and Mary Garza against Asbestos Corporation Ltd., declining to overrule Arena v. Owens-Corning and rejecting ACL's challenge to strict liability for a raw asbestos supplier.
• Brumley v. Fdcc California, Inc. (1st Appellate District, 1st Division, 2007). The Court of Appeal reversed in part the dismissal under the five-year rule, reinstating the wrongful death, loss of consortium and cancer survivorship claims against the defendants, while the noncancer survivorship claims stayed barred.
• Quarles v. Advocate Mines Limited (1st Appellate District, 2nd Division, 2006). The Court of Appeal affirmed the judgment for Geronia Quarles against Advocate Mines Limited, rejecting the mining company's challenges to the liability findings, causation, expert testimony and damages.
• Hamilton v. Asbestos Corp., Ltd. (2000). The California Supreme Court reversed the Court of Appeal, holding that Mitchell's second action (for mesothelioma) was not time-barred and that Asbestos Corporation made a general appearance in the first action, so the plaintiffs prevailed on both issues; remanded to resolve remaining issues.
• Wagner v. Apex Marine Ship Management Corp. (1st Appellate District, 2nd Division, 2000). The Court of Appeal reversed the judgment dismissing Wagner's Jones Act claims against the Apex Marine and related shipping defendants and remanded, holding his asbestosis claim was not time-barred by his earlier pleural disease diagnosis.
• Anderson v. Metalclad Insulation Corp. (1st Appellate District, 1st Division, 1999). The Court of Appeal reversed the summary judgment that had been entered for Metalclad Insulation Corp. against Warren Anderson on limitations grounds, and remanded the case to the trial court, with costs to Anderson.
• Chevron USA, Inc. v. Wcab (1999). The California Supreme Court reversed the Court of Appeal, which had annulled the Workers' Compensation Appeals Board's death benefit award, and ordered the Board's award to widow Lucille Steele reinstated (except the statutory penalty), over Chevron's objection.
• General Dynamics Corp. v. Wcab (2nd Appellate District, 4th Division, 1999). The Court of Appeal annulled the Board's decision that Anderson's asbestosis claim was not barred, finding the record insufficient to decide res judicata either way, and remanded for an order denying reconsideration without prejudice to General Dynamics raising res judicata later.
• Howard v. Owens Corning (1st Appellate District, 3rd Division, 1999). The Court of Appeal affirmed the judgment for Owens Corning on a jury verdict that Howard's asbestos exposure was not a cause of his injury, and rejected the Howards' claim that they were entitled to a directed verdict.
• Gutierrez v. Cassiar Mining Corp. (1st Appellate District, 2nd Division, 1998). The Court of Appeal reversed the $37,240 economic damages award for medical monitoring because the trial court refused Cassiar Mining's requested preexisting-condition instruction, affirmed the rest of the judgment for Gutierrez, and limited any retrial to monitoring costs.
• Scheiding v. General Motors Corp. (1st Appellate District, 2nd Division, 1998). The Court of Appeal affirmed the judgments for General Motors, holding that the federal Locomotive Boiler Inspection Act preempted the railroad workers' and survivors' state-law tort claims over asbestos in locomotives.
• Barr v. ACandS, Inc. (1st Appellate District, 2nd Division, 1997). The Court of Appeal affirmed all three judgments for the defendants (ACandS, Kaiser Cement, Alta Building Materials and Exxon), holding the plaintiffs' second asbestos suits were barred by the one-year limitations period of section 340.2.
• Lineaweaver v. Plant Insulation Co. (1st Appellate District, 1st Division, 1995). The Court of Appeal reversed the nonsuit for Plant Insulation as to Lineaweaver and remanded for retrial, but affirmed the nonsuit against King and Ward for insufficient evidence of exposure to Plant-supplied Pabco.
• Smith v. ACandS, Inc. (1st Appellate District, 1st Division, 1994). The Court of Appeal reversed the jury judgment, directed entry of judgment for ACandS, and remanded for a new trial against PG&E.
• Williamson v. Plant Insulation Co. (1st Appellate District, 3rd Division, 1994). The Court of Appeal reversed the judgment for the Williamson plaintiffs against Plant Insulation only as to the decedent's noneconomic damages and anticipated economic damages, remanded for a limited new trial on economic damages, and otherwise affirmed, including the finding that the asbestosis claim was timely.
• Chevron USA v. Workers'comp. Appeals BD. (1st Appellate District, 5th Division, 1990). The Court of Appeal affirmed the Workers' Compensation Appeals Board's order denying Chevron's petition for reconsideration, so the widow and children of Harvey Steele won, and it denied their request for supplemental attorney fees.
• Uram v. Abex Corp. (1st Appellate District, 1st Division, 1990). The Court of Appeal affirmed summary judgment for the Asbestos Claims Facility defendants, holding that both Joseph Uram's personal injury claim and Virginia Uram's loss of consortium claim were time-barred.
• Hughes v. Western MacArthur Co. (1st Appellate District, 4th Division, 1987). The Court of Appeal reversed the judgment on the pleadings for Western MacArthur, holding Hughes was not required to plead the dual capacity doctrine, though she was required to plead successor liability.
• JT Thorp, Inc. v. Workers'comp. Appeals BD. (3rd Appellate District, 1984). The Court of Appeal affirmed the Workers' Compensation Appeals Board's award to William Butler, rejecting the employer J.T. Thorp's challenge, and held Butler could recover predisability medical expenses for his asbestosis without a date of injury being set.
• Indus. Indemnity Co. v. Worker's Comp. App. BD. (2nd Appellate District, 3rd Division, 1983). The court annulled the workers' compensation judge's findings and the Appeals Board's denial of reconsideration, and directed the Board to decide which employer or insurer (Industrial Indemnity or self-insured National) was liable; this favored petitioner Industrial Indemnity.
• Baptist v. Workers'comp. Appeals BD. (1st Appellate District, 1st Division, 1982). The Court of Appeal annulled the Workers' Compensation Appeals Board's order rescinding the death benefit award to the widow, Frances Baptist, and remanded, ruling against Johns-Manville Corporation.

Colorado

• Miller v. Armstrong World Industries (1991). The Colorado Supreme Court answered the Tenth Circuit's certified question no: discovering pleural thickening and calcification did not start the limitations period on a later asbestosis claim, which favored plaintiff Miller over the defendant manufacturers.
• Miller v. Celotex Corp. (1989). The court granted summary judgment to defendants Celotex, Eagle-Picher, Keene and Owens-Illinois because plaintiff Raymond Miller's asbestos claim was filed after Colorado's three-year limitations period expired.

Connecticut

• Bray v. Ingersoll-Rand Co. (2015). The court granted summary judgment to defendants Aurora, BW/IP, Carrier, Crane, Nash, Warren and Weir because the plaintiffs lacked evidence tying the defendants' products to St. Jean's asbestos exposure, and it dismissed Marilyn St. Jean's derivative loss of consortium claim.
• Deschenes v. Transco, Inc. (2008). The Connecticut Supreme Court reversed the compensation review board's decision, which had upheld full permanent partial disability benefits for the plaintiff against employers Reed and AC & S, and remanded for further fact-finding on apportionment.
• Deschenes v. Transco, Inc. (2007). The Connecticut Supreme Court reversed the compensation review board's decision affirming full benefits to George Deschenes, a ruling that favored the employers Reed and AC & S on the legal standard, and remanded for further fact-finding on whether his benefits should be reduced.
• Lafayette v. General Dynamics Corp. (2001). The Connecticut Supreme Court reversed the workers' compensation review board and held that collateral estoppel barred Electric Boat from relitigating causation of the decedent's death, so the widow Kathryn Lafayette prevailed and the case was remanded to the commissioner.

Delaware

• Weddle v. BP Amoco Chemical Company (2020). The court granted in part the claimant estate's application for attorneys' fees for the successful appeal from the Industrial Accident Board, awarding $31,530 at rates lower than the $42,860 requested; BP Amoco, the employer, was ordered to bear the award.
• Weddle v. BP Amoco Chemical Company (2019). The Superior Court reversed the Industrial Accident Board's dismissal of the mesothelioma compensation petition against BP Amoco and remanded, holding the 1982 asbestosis settlement did not bar the claim.
• Dabaldo v. Urs Energy & Construction (2014). The Delaware Supreme Court reversed the Superior Court's summary judgment for URS Energy & Construction and Crane Co. and remanded, holding the DaBaldos' asbestosis claim was timely.
• In re Geier (2012). The Superior Court denied the defendants' motion to dismiss plaintiff Douglas Geier's mesothelioma suit for forum non conveniens, finding they had not shown overwhelming hardship, and set a later hearing on costs under Rule 41(d).
• Turchen v. County Insulation Co. (In re Litigation) (2011). The court imposed a $25,000 Rule 11 sanction on plaintiffs' counsel Thomas Crumplar for misstating authority in opposing County Insulation's summary judgment motion, and referred the matter, including the McCardle-Desco briefing, to the Office of Disciplinary Counsel.
• Price v. EI DuPont de Nemours & Co. (2011). The Delaware Supreme Court affirmed the Superior Court's denial of Patricia Price's motion to amend her complaint as futile, ruling for DuPont and against the Prices.
• Riedel v. Ici Americas Inc. (2009). The Delaware Supreme Court affirmed summary judgment for ICI Americas, holding ICI owed no duty to Lillian Riedel, who lost her take-home asbestos exposure claim.
• Money v. Manville Corp. Asbestos Comp. Fund (1991). The Delaware Supreme Court affirmed the Superior Court's directed verdict for the Manville Trust Fund and Celotex (appeal stayed as to Celotex) against the five plaintiffs, who lost for lack of direct expert medical testimony on causation.
• Sheppard v. AC & S. Co. (1985). The court granted the defendants' summary judgment motion on the statute of limitations as to Sheppard's pleural thickening claim, and denied it as to his pulmonary asbestosis claim, so he lost on one claim and won on the other.

District of Columbia

• Alliegro v. ACandS, Inc. (1997). The appeals court reversed the trial court's directed verdict for ACandS, Inc. in phase one and remanded, holding that Mr. Alliegro's evidence should have gone to the jury.
• Owens-Corning Fiberglas Corp. v. Henkel (1997). The D.C. Court of Appeals affirmed the judgments for the plaintiffs against Owens-Corning Fiberglas, rejecting its Batson, state-of-the-art evidence and statute of limitations challenges.