Facts

Plaintiffs Roberto Elorreaga and Rosemary Elorreaga filed suit against Defendants J.T. Thorpe & Son Inc, and Schneider Electric USA, Inc. formerly known as Square D Company. Plaintiffs alleged that Roberto developed mesothelioma as a result of exposure to asbestos. Plaintiffs asserted causes of action for negligence, strict products liability, premises liability, and loss of consortium.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended Plaintiff Roberto was exposed to asbestos through asbestos-containing products and materials of various defendants during his service in the United States Navy from 1959 to 1963, as an enlisted man/recruit, fireman apprentice, machinist mate apprentice and electricians mate, when he served aboard ships in engine rooms and machinery spaces at Long Beach Naval Shipyard, Terminal Island. Specifically, Plaintiffs contended Roberto was exposed to harmful toxic asbestos fibers and dust released from J.T. Thorpe & Son, Inc. and other defendants' asbestos-containing products. Plaintiffs contended such exposure increased Plaintiff Roberto's risk of developing malignant mesothelioma, a terminal form of cancer that could have caused Roberto to be in extreme pain and suffering and would ultimately cause his premature death leaving Plaintiff Rosemary Elorreaga a widow.

DEFENDANTS' CONTENTIONS: Defendants denied Plaintiffs' contentions and moved for summary judgment on the grounds that there was no evidence Plaintiff Roberto was exposed to JTTS-attributable asbestos. Specifically Defendants contended since Plaintiff Roberto testified he had never heard of JTTS and had no information that he worked with any products or services supplied by JTTS, he had no information to support any claim of exposure against JTTS. Moreover Defendants contended Defendant JTTS did not perform any work aboard the USS Cowell or USS Rupertus from 1959 to 1963, when Plaintiff Roberto served and was exposed. Defendants further contended Plaintiff Roberto's claims were purely speculative since Roberto was still alive, thus the alleged exposure not connected to Defendants did not cause Plaintiff Roberto's premature death.

Result

The court granted summary judgment in favor of Defendants.