Janet E. Carpenter et. al. v. 3M Company, et. al.
Published: Mar. 24, 2023 | Result Date: Dec. 6, 2022 | Filing Date: Dec. 31, 2020 |Case number: 2:20-cv-11797-MWF (MAAx) Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Erik P. Karst
(Karst and von Oiste LLP)
Defendant
Paul S. Atigapramoj
(Hugo Parker LLP)
Robert J. Bugatto
(Hugo Parker LLP)
Charles S. Park
(Hugo Parker LLP)
Elizabeth J. Carpenter
(Foley & Mansfield PLLP)
Brett A. Fountain
(Foley & Mansfield PLLP)
Melanie L. Ameele
(Foley & Mansfield PLLP)
Facts
John Carpenter worked as a marine machinist at the Long Beach Naval Shipyard from 1973 until 1984, when he became a mechanical engineering technician. Following Carpenter's death, his wife, Janet E. Carpenter, and children, Brian Carpenter, Michael Carpenter, Teri Carpenter, and Tanya Hardin brought an action against 3M Company, Nibco, Inc., Asco Valve, Inc., and others.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the decedent contracted and died from mesothelioma due to exposure to asbestos, which occurred during his service in the Navy. Plaintiffs asserted that the decedent worked with or near asbestos-containing products made or sold to the Navy by each defendant. The relevant activities which plaintiffs claimed exposed the decedent to asbestos in connection with Nibco and Asco's products was the removal and replacement of gaskets and/or packing materials that were affixed to Nibco and Asco's valves. Plaintiffs brought claims for negligence, strict liability, false representation, intentional tort/intentional failure to warn, loss of consortium, and punitive damages.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions and argued that plaintiffs failed to adduce sufficient evidence to create a genuine issue of triable fact regarding causation.
Result
The court granted summary judgment to defendants Nibco and Asco.
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