Dudley v. FMC Corp. ( 2017 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN RE: ASBESTOS LITIGATION
JILL DUDLEY, as Personal )
Representative of the Estate of Frank P. )
Dudley, and JILL DUDLEY, )
individually, )
)
Plaintiff, ) C.A. No. N13C-12-227 ASB
)
v. )
)
FMC CORP., et al., )
)
Defendants. )
August 18, 2017
Upon Defendant FMC’s
Motion for Summary Judgment
GRANTED.
Plaintiff, Jill Dudley, pleads that her husband Frank Dudley (hereinafter “Mr.
Dudley”) performed work on pumps from 1966 through 1967 while employed at
Cam Chemical Company in Detroit, Michigan. Mr. Dudley testified that at least ten
pumps were manufactured by Chicago Pump, and he would break down the pumps
and repair the gaskets. Mr. Dudley stated that he worked on the pumps one to three
times per week. He also testified that people worked on the pumps around him one
to ten times per week. Defendant mainly argues that Plaintiff cannot prove product
identification or causation under Michigan law. Under Michigan law “[t]he
threshold requirement of any asbestos case is proof that an injured plaintiff was
exposed to an asbestos-containing product for which a defendant is responsible.”1
Thereafter, Michigan law applies the substantial factor test for causation, consistent
with the Second Restatement of Torts, such that a plaintiff must introduce evidence
that demonstrates his exposure to the defendant’s product was a substantial factor in
producing his injury, i.e., significant in terms of intensity and when viewed in the
scope of his entire work history and the number and extent of other contributing
factors.2 “To survive summary disposition, the plaintiff must show that the product
was used in the specific area where he worked within the workplace.”3 However,
before the Court can even address the causation standard, Plaintiff has not offered
evidence, beyond speculation, that Mr. Dudley worked with an asbestos containing
product manufactured by Defendant. Mr. Dudley did not know the maintenance
history of the pumps, nor identify the manufacturer of the replacement parts. Without
additional evidence, a reasonable jury could not infer that Defendant is responsible
1
Barlow v. John Crane-Houdaille, 477 N.W.2d 133, 135 (Mich. Ct. App. 1991).
2
Id. (citing Brisboy v. Fibreboard Corp., 418 N.W.2d 650, 653-54 (Mich. 1988));
Allen v. Owens-Corning Fiberglas Corp., 571 N.W.2d 530, 533 (Mich. Ct. App.
1997).
3
Barlow, 477 N.W.2d at 136 (citing Roberts v. Owens-Corning Fiberglas Corp.,
726 F.Supp. 172, 174 (W.D. Mich. 1989)); see Roberts, 726 F. Supp. at 174(“Therefore, the Court must determine whether a reasonable factfinder could
legitimately infer from the materials before it that defendants’ asbestos products
were used in the engine or auxiliary machine rooms of the various naval vessels
where the decedent served.”).
for Mr. Dudley’s injuries. Accordingly, for the aforementioned reasons, Defendant
FMC Corporation’s Motion for Summary Judgment is hereby GRANTED. IT IS
SO ORDERED.
/s/ Calvin L. Scott
The Honorable Calvin L. Scott, Jr.