Summary judgment granted in N.C. asbestos case; plaintiff failed to file timely response

By Heather Isringhausen Gvillo | Jul 11, 2014

RALEIGH, N.C. (Legal Newsline) - A North Carolina judge has approved summary judgment for several defendants in an asbestos lawsuit based on the plaintiff's failure to respond to the motions in a timely manner.

Defendants Carlisle Industrial Brake & Friction, Parker-Hannifin Corporation, Caterpillar Inc., Dana Companies LLC, Goulds Pumps Inc., ITT Corporation formerly known as ITT Industries INC, FMC Corporation, McNally Industries Inc., Pneumo Abex LLC, Crown Cork & Seal Company Inc., Paccar Inc and Ingersoll Rand Company were granted summary judgment on Tuesday.

Defendant Borgwarner Morse Tec, Inc.'s was granted summary judgment on Wednesday.

Judge W. Earl Britt of the United States District Court for the Eastern District of North Carolina, Western Division, ruled for the defendants, finding that plaintiff Jane E. Miller, personal representative of the estate of Robert Wesley Miller, failed to file a response to any of the defendants' requests for summary judgment before the proper time had expired.

Britt wrote that Miller also failed to come forward with sufficient evidence showing the decedent was exposed to an asbestos-containing product manufactured, sold or distributed by the movants.

Because the decedent, who was diagnosed with mesothelioma in February 2012, served aboard U.S. navy ships and alleged exposure as a result of his enlistment, Britt explained that the case is governed by maritime law.

Therefore, the plaintiff was required to bring evidence showing specific asbestos exposure for each defendant's products as well as evidence showing the products were a substantial factor in causing the asbestos-related injury.

As a result, all claims against the movants were dismissed with prejudice.

Additionally, all cross claims against defendant Parker Hannifin Corporation were also dismissed with prejudice

From Legal Newsline: Reach Heather Isringhausen Gvillo at asbestos@legalnewsline.com

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