Asbestos and Lung Cancer: Asbestos Court Decisions

Decisions in our case-law library that involve lung cancer: 256 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Asbestos and Lung Cancer.

Other federal courts

• Cimino v. Raymark Industries, Inc. (1998). The court reversed the judgments against Pittsburgh Corning in the 143 phase III sample cases and 5 extrapolation cases, affirmed the nine class-representative judgments except for the prejudgment interest start date, and reversed the judgments against Asbestos Corporation Limited, rendering judgment for it.
• Jackson v. Anchor Packing Co. (1993). The Eighth Circuit affirmed summary judgment for all defendants (Owens-Corning, Owens-Illinois, Fibreboard, Keene, Anchor, Chesterton, Garlock, John Crane, Rexnord and Georgia Talc) against the ten Mohawk tire plant workers, because the workers lacked sufficient proof that a particular defendant's products caused their injuries.
• Borman v. Raymark Industries, Inc. (1992). The Third Circuit affirmed the district court's refusal to charge the jury on apportionment and its denial of Celotex's motion on lost wages, leaving the verdict for Mrs. Borman and her husband's estate against Celotex in place.
• Whatley v. Armstrong World Industries, Inc. (1988). The Fifth Circuit affirmed the verdict for Whatley against Raymark and the $120,000 future medical award, but modified the judgment to raise Raymark's share from 9.09% to 27.27% of damages because Raymark failed to prove fault by settling defendants Owens-Illinois and Armstrong.
• Shelly v. Johns-Manville Corp. (1986). The Third Circuit affirmed dismissal of the intentional-tort theory but reversed the judgment on the pleadings for Raymark and remanded, because the plaintiffs' allegations of exposure away from the workplace stated a claim under the dual capacity exception.

Pennsylvania

• Roverano v. John Crane, Inc. (2020). The Pennsylvania Supreme Court reversed the Superior Court's order for percentage apportionment, holding that liability among strictly liable asbestos defendants John Crane and Brand is apportioned per capita (a win for the Roveranos). It also held that bankruptcy trusts may be put on the verdict sheet on appropriate requests and proofs, and remanded for a new trial on apportionment (a win for the defendants on that issue).
• Shields v. General Electric Co. (2020). The court granted summary judgment to Wabtec, General Electric and CBS (successor to Westinghouse) because the Locomotive Inspection Act preempted Martin Shields's negligence, wrongful death and survival claims, and entered judgment against the plaintiff on all counts.
• Walker v. Blackmer Pump Co. (2019). The district court denied the summary judgment motions of Ingersoll-Rand, Warren Pumps and Blackmer Pump, so the plaintiff's claims against all three go forward.
• Walker v. Viad Corp. (2019). The district court denied the plaintiff executor's motion to strike Viad Corp's late-filed answer and its successor-in-interest defense, and ordered discovery reopened on that defense only.
• Walker v. Viad Corp. (2019). The court denied Viad Corp's motion for summary judgment, so the plaintiff's claim against Viad as alleged successor to Griscom Russell went forward; the court excluded the decedent's deposition but found enough other evidence for a jury.
• Jarrett v. Consol. Rail Corp. (2018). The Superior Court affirmed summary judgment for Consolidated Rail Corporation, holding that the worker's 2004 release barred his widow's FELA lung cancer claim.
• Roverano v. John Crane, Inc. (2017). The Superior Court affirmed the denial of post-trial motions on every issue except the Fair Share Act, vacated the judgment, and remanded for a new trial to apportion the verdict among the tortfeasors, a partial win for John Crane and Brand Insulations over the Roveranos.
• Daley v. AW Chesterton, Inc. (2012). The Pennsylvania Supreme Court affirmed the Superior Court's order reversing summary judgment for U.S. Supply and Duro-Dyne, allowing Daley's mesothelioma suit to proceed, and remanded for further proceedings.
• Abrams v. Pneumo Abex Corporation (Eastern District, 2009). The Pennsylvania Supreme Court reversed the Superior Court's en banc order affirming summary judgment for John Crane, Inc., and remanded, so the widows of Kenneth Abrams and John Shaw may proceed against Crane.
• Daley v. AW Chesterton, Inc. (2009). The Superior Court vacated the trial court's summary judgment for Chesterton, U.S. Supply and Duro-Dyne and remanded, so Daley's mesothelioma suit could go forward.
• Abrams v. Pneumo Abex Corp. (2007). The en banc Superior Court affirmed summary judgment for John Crane, Inc. against the executrices of Kenneth Abrams and John Shaw, holding the lung cancer claims time-barred.
• Donoughe v. Lincoln Elec. Co. (2007). The Superior Court affirmed the denial of Lincoln Electric's and Hobart Brothers' motions for JNOV and a new trial, so the Donoughes kept the verdict against them, but it vacated the judgment and remanded because the trial court wrongly treated the Manville Trust settlement as a pro rata set-off instead of pro tanto.
• Abrams v. Pneumo Abex Corporation (2006). The Superior Court reversed the orders granting summary judgment to John Crane, Inc. on statute of limitations grounds, ruling for the Abrams and Shaw estates, and remanded the cases.
• Gibson v. Workers'compensation Appeal Board (Western District, 2004). The Pennsylvania Supreme Court reversed the Commonwealth Court and left in place the Board's reversal of the death-benefits award, so Armco won and the widow, Kathy Gibson, lost.
• Blase v. Allied Signal Inc. (1996). The trial court denied Mildred Blase's motion for reconsideration and granted the defendants' motion for summary judgment, because she had no medical expert to prove causation of her husband's lung cancer.
• McNeil v. Owens-Corning Fiberglas Corp. (1996). The Pennsylvania Supreme Court reversed the Superior Court's order to the extent it allowed a new trial on the lung cancer claim (a win for Owens Corning), and affirmed a new trial limited to the McNeils' non-cancer injury claims (a win for the McNeils).
• Marinari v. Asbestos Corp., Ltd. (1992). The en banc Superior Court reversed summary judgment for the defendants, holding that Marinari's lung cancer action was not time-barred by the earlier discovery of pleural thickening.
• Taliferro v. Johns-Manville Corp. (1992). The Superior Court reversed the trial court's compulsory nonsuit for defendants Pittsburgh Corning and Fibreboard on James Taliferro's lung cancer and pleural thickening claims and remanded for further proceedings.
• Eckenrod v. GAF Corp. (1988). The Superior Court affirmed summary judgment for A-Best, Porter, Raymark, Owens-Corning and Garlock, because the widow and co-defendant Pittsburgh Gage did not show the decedent was exposed to those defendants' asbestos products.
• Colombo v. Johns-Manville Corp. (1984). The court granted the United States' motion to dismiss Pittsburgh-Corning's third-party complaint on all claims except the sixth claim (negligence as vessel owner), which survived, and applied the same ruling to the Raymark and Eagle-Picher motions for leave to file similar complaints.
• Grabowski v. Turner & Newall (1980). The court granted summary judgment for the defendant asbestos suppliers in the DaMato, Lindahl, Saylor and Pearson cases as time-barred, and denied it in the Grabowski, Gravatt and Marincola cases because of factual gaps.
• Utter et al. v. Asten-Hill Mfg. Co. (1973). The Supreme Court affirmed the Commonwealth Court's dismissal of Robert Utter's own disability claim, but reversed it on the widows' death benefit claims and reinstated the Workmen's Compensation Board's awards to Margaret Utter and Alice Bambrick against Asten-Hill.
• Bambrick v. Asten Hill Mfg. Co. et al. (1972). The Commonwealth Court reversed the awards of the Workmen's Compensation Board and the Philadelphia Common Pleas Court to Robert Utter, Margaret Utter and Alice Bambrick, and dismissed all three claim petitions in favor of Asten Hill, its insurers and the Commonwealth.

Rhode Island

• Moore v. Crane Company (2021). The court granted the plaintiffs' motion to remand, holding Electric Boat had not met its burden for federal officer removal, and sent the case back to Rhode Island Superior Court; the Moores prevailed over Electric Boat.

South Carolina

• Matthews v. EI DU Pont DE Nemours and Company (2018). The court granted DuPont's renewed motion for summary judgment and dismissed with prejudice the claims of Kimberly Matthews, on behalf of herself and the estate of Jerry Matthews, because workers' compensation was the exclusive remedy.

Tennessee

• Payne v. CSX Transportation, Inc. (2015). The Tennessee Supreme Court held that the trial judge wrongly granted CSX a new trial on liability and that the plaintiff's expert proof on causation was admissible. It affirmed the Court of Appeals as modified and remanded for a new trial on damages only.

Texas

• Fisher v. BNSF Railway Company (2nd District, 2022). The court affirmed the take-nothing summary judgment for BNSF Railway, holding that Alan Fisher's 2006 release barred his widow June's FELA suit over his asbestos-related lung cancer.
• Payne v. BNSF Ry. Co. (2nd District, 2022). The Fort Worth Court of Appeals affirmed the take-nothing summary judgment for BNSF, holding that Harrah's 2017 release barred his daughter's FELA claims for his lung cancer and death.
• LaFRENTZ v. Lockheed Martin Corporation (2021). The court denied 3M and General Dynamics' request for an adverse inference jury instruction for spoliation, but granted a lesser remedy: a limited jury instruction describing the unanswered preservation request and the burial of the lung tissue, so the motion was granted in part and denied in part.
• In re EI DU Pont DE Nemours and Company (9th District, 2015). The court of appeals conditionally granted DuPont's mandamus petition, holding the trial court abused its discretion by granting Whisnant's estate a new trial after the jury found for DuPont, and expecting the trial court to vacate that order and enter judgment on the verdict.
• Mobil Oil Corp. v. Bailey (9th District, 2006). The court of appeals reversed the trial court's judgment for the Baileys and rendered judgment for Mobil, finding no legally sufficient evidence that asbestos exposure at Mobil's facilities caused James Bailey's lung cancer.
• Payne v. BNSF Railway Company (2nd District, 2002). The court of appeals affirmed the take-nothing summary judgment for BNSF Railway Company against Donna Payne, holding that Neil Harrah's 2017 release barred her FELA claims for his lung cancer and death.
• In re Ethyl Corp. (1998). The Texas Supreme Court denied the petition for writ of mandamus, leaving in place the trial court's order setting twenty-two workers' asbestos premises claims for a single trial, so the defendants (Ethyl, USX, Todd Shipyards and Texas City Refining) lost and the plaintiffs won.
• Fibreboard Corp. v. Pool (6th District, 1991). The court affirmed the Williams judgment and, in the Pool/Strong/Sledge/Freeman case, affirmed in favor of the plaintiffs except that it set aside the $100,000 future medical award to Pool (new trial unless he remits) and the punitive damages against Garlock.
• Cimino v. Raymark Industries, Inc. (1990). After a class trial of 2,298 asbestos plaintiffs, the court approved its sampling-based damages plan, set rules for prejudgment interest, the Johns-Manville settlement and punitive multipliers against Pittsburgh-Corning, Fibreboard and Celotex, and held ACL liable to only one plaintiff.

Virginia

• Cole v. Norfolk Southern Railway Company (2017). The Supreme Court of Virginia affirmed the circuit court's grant of Norfolk Southern's plea in bar, holding the 2000 release barred the executor's FELA lung cancer claim, so the estate lost.

Washington

• Jensen v. Metropolitan Life Insurance Company (2013). The court granted plaintiff Jensen's motion to remand to Pierce County Superior Court, finding Terex had not shown that non-diverse defendant Saberhagen was fraudulently joined, so diversity jurisdiction failed.
• Simonetta v. Viad Corporation (2008). The Washington Supreme Court reversed the Court of Appeals and left in place the trial court's summary judgment for Viad Corporation, ruling against Joseph Simonetta on his negligence and strict liability failure-to-warn claims.
• Miller v. Foster Wheeler Co. (1st Division, 1999). The court affirmed the trial court's partial summary judgment dismissing the estates' survival claims of Blecker and Holmes as time barred, against administrator Miller and in favor of the defendants.
• Niven v. EJ Bartells Co. (1st Division, 1999). The court reversed summary judgment for Rapid-American Corporation, holding Niven's 1986 release of Celotex did not bar his lung cancer suit and the claim was not shown to be time-barred, but affirmed summary judgment for Saberhagen for lack of proof of exposure to its products.
• Kilpatrick v. Dept. of Labor and Industries (1994). The Washington Supreme Court reversed the summary judgments for the Department of Labor and Industries and held the three widows were entitled to survivor's benefits at the 100 percent rate, remanding for attorney fees and further proceedings.

West Virginia

• Lawrentz v. Constellium Rolled Products Ravenswood, W Va: Supreme Court of Appeals 2015 (2015). The West Virginia Supreme Court affirmed the Board of Review's decision rejecting James Lawrentz's workers' compensation claim for lung cancer, in favor of the employer Constellium Rolled Products Ravenswood.
• Adams v. Consolidated Rail Corp. (2003). The court reversed the denial of a new trial for Conrail and the other railroad defendants as to John Robinson and Ronald Shaffer, because their smoking histories should not have been excluded. It affirmed the denial as to Walter Knight and remanded.
• Newman v. Richardson (1991). The court granted the widows' mandamus petition as molded, ordering the Workers' Compensation Commissioner to reprocess their claims as occupational pneumoconiosis claims and to pay their attorney's fees, but it did not order immediate referral to the Occupational Pneumoconiosis Board.
• Powell v. State Workmen's Compensation Com'r (1980). The court reversed the Appeal Board's order rejecting the widow's death benefits claim and remanded for the lung cancer claim to be considered under the occupational disease standards of W.Va. Code § 23-4-1, favoring the widow Valena Powell over the Commissioner and Board of Regents.