Pleural Plaques and Pleural Thickening: Asbestos Court Decisions

Decisions in our case-law library that involve pleural plaques and thickening: 155 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Pleural Plaques and Pleural Thickening.

Massachusetts

• Ciolino v. Keystone Shipping Co. (2024). The court denied Keystone's motion to strike Ciolino's late expert disclosure, denied Keystone's first summary judgment motion as moot, and denied its second summary judgment motion on all counts, so Ciolino's claims against Keystone go forward.

Minnesota

• Filipek v. the Boeing Company (2017). The court granted summary judgment to Boeing, Navistar, Borg-Warner Morse Tec, CBS, McNeil, Northern States Power and United Technologies because the Filipeks' claims were time-barred, denied the Filipeks' motion to withdraw an admission, and dismissed the case with prejudice.

Mississippi

• City of Jackson v. Sandifer (2013). The Court of Appeals affirmed the circuit court's order upholding the Workers' Compensation Commission's award of permanent partial disability benefits to Sam Sandifer, rejecting the City of Jackson's limitations and causation arguments.

Montana

• Rosling v. Associated Loggers Exchange (2019). The Workers' Compensation Court held that McMillan's claim was timely, his asbestos-related disease was a compensable occupational disease, and insurer Associated Loggers Exchange was liable, awarding medical benefits, an impairment award, permanent total disability benefits and costs, but denying attorney fees and a penalty.
• Wommack v. National Farmers Union Property & Casualty Co. (2017). The Workers' Compensation Court held Liberty Mutual Fire Ins. Co., the insurer at risk during Wommack's final years at Cenex, liable for his asbestos-related occupational disease, awarded him costs, and denied his requests for attorney fees and a penalty.
• Peterson v. Liberty NW Ins. Corp. (2013). The Workers' Compensation Court held that Steve Peterson's occupational disease claim against Liberty NW Ins. Corp. (insurer for Stimson) was time-barred, so Liberty won and Peterson received no benefits.
• Johnson v. Liberty Northwest Insurance Corporation (2009). The Workers' Compensation Court held that Raymond Johnson has an occupational disease from his Libby mill work, that Liberty Northwest (Stimson's insurer) is liable under the last injurious exposure rule, and awarded him permanent total disability benefits, a 25% impairment rating, medical expenses and costs.

New Jersey

• Vesper v. 3M Company (2016). The federal district court granted summary judgment to Buffalo Pumps and Sid Harvey Industries because Vesper offered no evidence tying them to his asbestos exposure, and denied summary judgment to DAP and Warren Pumps, leaving Vesper's claims against them for trial.
• Sarkozy v. AP Green Industries, Inc. (2008). The Appellate Division affirmed the jury judgments for plaintiffs Patton, the Wilson estate and the Grube estate against Scapa Dryer Fabrics, rejecting Scapa's challenges to the damages, the lack of apportionment, and the claimed trial errors.
• Higgins v. Owens-Corning Fiberglas (1995). The Appellate Division reversed the judgment against Owens-Corning Fiberglas and remanded for a new trial in favor of plaintiff Higgins, and dismissed Owens-Corning's cross appeal on the medical monitoring award as moot.
• Jadlowski v. Owens Corning (1995). The Appellate Division reversed the punitive damages award (as remitted to $2,500,000 from a $15,000,000 jury verdict) against Owens-Corning and remanded for a new trial on punitive damages, rejecting the plaintiff's cross-appeal from the remittitur.
• Goss v. American Cyanamid Co. (1994). The Appellate Division affirmed the judgment for plaintiffs Goss and the Patullos against Porter Hayden, but vacated the judgment based on the second jury verdict, reinstated the original verdicts (which assigned part of the fault to Madsen & Howell), and remanded for amended judgments.
• Mauro v. Raymark Industries, Inc. (1989). The New Jersey Supreme Court affirmed the judgment for plaintiff Roger Mauro, holding that the trial court properly kept his enhanced-risk-of-cancer damages claim from the jury and properly limited his expert's testimony, so the defendants prevailed on those issues.
• Millison v. EI du Pont de Nemours (1988). The Appellate Division affirmed the jury verdicts and judgment for the du Pont employees and their spouses against du Pont and its two plant doctors, holding that admitting the OSHA citations was error but harmless.

New York

• Christy v. A.O. Smith Water Prods. Co. (In re New York City Asbestos Litigation) (2019). The court granted the plaintiffs' motion in part, consolidating eight lung cancer cases into four pairs for trial and ordering the other FIFO cases tried individually over the defendants' opposition.
• ALBIN v. AJAX MAGNETHERMIC CORPORATION (In re New York City Asbestos Litigation) (2019). The court granted the plaintiffs' motion in part, consolidating 18 of the in extremis asbestos cases into eight groups for joint trial over the defendants' opposition and ordering the remaining six cases tried individually.
• Matter of Adesso v. AO Smith Water Prods. Co. (2018). The court granted plaintiffs' motion in part, ordering joint trials for Cerato/Lynch, McCormick/Munnelly, Kalachman/Rothman, Hickey/Litz, George/Toy, Hutnick/Soto and Hill/Lipari, and denied joinder for Swanson/Whitaker, Hiddie/Rose, Costa/Endelmann, Lehanka/Snider, Bascomb/Gallagher and for adding Scott to Hill and Lipari, over the defendants' opposition.
• Brooks v. AIR & LIQUID SYSTEMS CORPORATION (In re New York City Asbestos Litigation) (2017). The court granted in part the plaintiffs' motion to consolidate eighteen asbestos actions for trial, ordering six consolidated groups of two or three plaintiffs and trying five other plaintiffs individually, over the defendants' opposition.
• Matter of Claim OF Manocchio v. Abb Combustion Eng'g (3rd Dept., 2017). The Appellate Division affirmed the Workers' Compensation Board's decision denying the carrier for ABB Combustion Engineering's request to apportion liability among claimant Manocchio's prior employers, so ABB and its carrier lost.
• Quinlan v. Marine Transport Lines (Matter of New York City Asbestos Litig.) (2015). The court granted Marine Transport Lines' motion to dismiss as time-barred, refusing equitable tolling, and severed Marine and dismissed the complaint against it; the Quinlan estate plaintiffs lost.
• Gates v. Smith Water Products Co. (2014). The district court denied the executor's motion to remand to state court, so the case stays in federal court on Crane Co.'s federal officer removal.
• IN the Matter of Mlodozeniec v. Trio Asbestos Removal Corp. (3rd Dept., 2009). The Appellate Division reversed the Workers' Compensation Board's decision that State Insurance Fund was the liable carrier, holding that Zurich, Trio's insurer on the date of disablement, must pay, and remitted the matter to the Board.
• Ballard v. Armstrong World Indus. (Matter of Seventh Jud. Dist. Asbestos Litig.) (Monroe, 2002). The court denied plaintiffs' motion to consolidate the Ballard and Cooros cases for trial, denied consolidation of the two deceased workers' claims with the living plaintiffs in Duemmel/Keller, severed Pschirrer's claim from Duemmel and allowed it to be consolidated with Keller, largely favoring the objecting defendants.
• Bille v. Hedman Resources (Matter of Eighth Judicial District Asbestos Litigation v Hedman Resources, Ltd.) (4th Dept., 2000). The Appellate Division affirmed the denial of Hedman Resources' motion for summary judgment, leaving plaintiff Bille's mesothelioma action alive, and dismissed the appeal in Action No. 2 upon stipulation.
• Hamilton v. Atlas Turner, Inc. (1999). The Second Circuit reversed the district court's post-verdict dismissal for lack of personal jurisdiction, holding Atlas Turner forfeited the defense, and remanded for consideration of Atlas's other challenges to judgment on the plaintiff's verdict.
• Hamilton v. Garlock, Inc. (1998). After a jury verdict for the plaintiff widow, the court granted Atlas Turner's renewed motion to dismiss for lack of personal jurisdiction, finding no waiver, and did not reach the other post-trial motions.
• In re Waterman SS Corp. (1996). After remand, the bankruptcy court sided with the claimants on the operative date (the earlier claims bar date, not the confirmation date Waterman wanted) and with Waterman Steamship on burden of proof, joinder of all 3,500 claimants and wrongful-death accrual; it found the medical evidence too thin to decide most claims, reopened discovery, and ruled on 15 individual claimants.
• In re Prudential Lines, Inc. (1992). The bankruptcy court granted summary judgment to the Asbestosis Claimants and Trustee on deductibles, the Plan's "Liman" provision and post-petition interest, granted partial summary judgment to American Club on setoff, and denied summary judgment on allocation of coverage.
• Campo v. Asbestospray Corp. (1st Dept., 1990). The appellate court affirmed the dismissal of the complaint against the respondents (Turner & Newall, PLC, et al.), holding the plaintiffs sought an advisory opinion about serious injuries not yet suffered, and denied class certification as moot.

North Carolina

• Settlemyer v. Borg-Warner Morse Tec, LLC (2021). The court granted the defendants' motions to exclude the specific-causation opinions of plaintiffs' experts Dr. Holstein and Dr. Staggs, and largely denied the plaintiffs' motion to exclude the defendants' experts.
• Johnson v. Covil Corporation (2011). The Court of Appeals reversed the Industrial Commission's death-benefit calculation for the widow, Edith Johnson, ruling that the 2006 maximum compensation rate applies and that she is owed 66 2/3% of average weekly wages ($538.41), and remanded for more specific findings and recalculation against Covil and its carriers.
• Payne v. Charlotte Heating & Air Cond. (2005). The Court of Appeals affirmed the Industrial Commission's award of total disability and death benefits to Mrs. Payne, the administratrix, against Ross and Witmer and Travelers, holding the death benefits claim was properly before the Commission and timely.

Ohio

• Bennett v. the Scotts Miracle-Gro Co. (3rd Appellate District, 2018). The court of appeals affirmed the trial court's judgment after a bench trial denying James Bennett's workers' compensation claim for asbestosis against self-insured employer Scotts Miracle-Gro, so Scotts prevailed.
• Bryant v. General Motors Corp. (3rd Appellate District, 2015). The court of appeals affirmed the jury verdict for Loretta Bryant, which found her husband's asbestos exposure at GM contributed to his fatal lung cancer and entitled her to workers' compensation death benefits, and rejected GM's challenges to the directed-verdict ruling and two evidence rulings.
• State EX rel. Boyd v. Scotts Miracle-Gro Co. (10th Appellate District, 2015). The court overruled Boyd's objections, adopted the magistrate's decision, and denied his request for a writ of mandamus, so the Industrial Commission's denial of permanent total disability compensation stood, in favor of the Commission and Scotts.
• State EX rel. Qunicel v. Indus. Comm. (10th Appellate District, 2012). The court overruled the claimant's objections, adopted the magistrate's decision, and denied Gerald Quincel's mandamus request against the Industrial Commission and DuPont, leaving the denial of his change-of-occupation award in place.
• DiCenzo v. A-Best Prods. Co. (2008). The Ohio Supreme Court reversed the court of appeals and reinstated the trial court's summary judgment for George V. Hamilton, Inc. on the strict-liability claim, holding Temple v. Wean applies only prospectively, so the DiCenzo plaintiffs lost that claim.

Oregon

• IN the Matter of Compensation OF Solberg (2007). The Court of Appeals affirmed the Workers' Compensation Board's order upholding the employers' denial of claimant Solberg's occupational disease claim for pleural plaques, because he had no 'disease'.

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.
• Dunn v. Owens-Corning Fiberglass (Division of St. Croix, 1991). The court denied Owens-Corning's motion for JNOV and for a new trial on liability, but ordered a new trial unless plaintiff Dunn accepted a reduction of compensatory damages from $1.3 million to $500,000 and punitive damages from $25 million to $2 million.
• Howell v. Celotex Corp. (1990). The Third Circuit affirmed the judgment entered on the jury's verdict for the asbestos defendants, holding that the district court properly let the jury decide whether Howell's pleural thickening was a compensable injury.
• Johnson v. Celotex Corp. (1990). The Second Circuit affirmed the jury judgment for plaintiffs John and Ann Marie Johnson, including compensatory and punitive damages, against Celotex and Owens-Illinois; one judge dissented as to punitive damages.
• Kraciun v. Owens-Corning Fiberglas Corp. (1990). The Eighth Circuit reversed summary judgment for the asbestos-product manufacturers on limitations grounds as to plaintiffs Kraciun, Kennedy, Snook, Lilly and Loehndorf, and remanded; it affirmed summary judgment against plaintiff Kenney.
• Kaiser v. Armstrong World Industries, Inc. (1989). The First Circuit affirmed summary judgment for the asbestos manufacturer defendants, holding Sol Kaiser's suit time-barred by Puerto Rico's one-year statute of limitations, so Kaiser and his family lost.
• Herber v. Johns-Manville Corp. (1986). The Third Circuit vacated the zero-dollar judgment and remanded for a new trial limited to Herber's fear-of-cancer distress and cancer-monitoring costs. It affirmed the exclusion of increased-risk damages and rejected the asbestos suppliers' challenges to the liability findings.
• Joyce v. AC and S., Inc. (1986). The Fourth Circuit affirmed the dismissal of Joyce's claims against the asbestos manufacturers as time-barred, the dismissal of his intentional failure-to-warn claim against DuPont under workers' compensation exclusivity, and summary judgment for DuPont on his fraudulent concealment claim.
• Gideon v. Johns-Manville Sales Corp. (1985). The Fifth Circuit affirmed the jury verdict for plaintiff Gideon against five asbestos manufacturers, reversed it and entered judgment for defendants Raymark and Standard Insulations, and remanded for the damages to be recalculated.
• Director, Office OF Workers'comp. v. Newport News Shipbuilding and Dry Dock Co. (1982). The Fourth Circuit reversed the Benefits Review Board's ruling that the special fund must pay part of Langley's compensation, upholding the ALJ's findings for the Director against Newport News Shipbuilding, and remanded the question of asbestosis as a pre-existing condition to the ALJ.

Pennsylvania

• Kiser v. AW Chesterton Co. (2011). The court granted the defendants' motions to dismiss because Plaintiff Phyllis Kiser's wrongful death claims over Orvin Kiser's mesothelioma were time-barred under Virginia's indivisible cause of action rule.