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Barabin v. Astenjohnson

United States District Court, W.D. Washington, Seattle

March 22, 2018

GERALDINE BARABIN, as Personal Representative for the Estate of HENRY BARABIN, deceased, Plaintiff,
v.
ASTENJOHNSON. Et al., Defendants.

          FORM APPROVED Meredith Boyden Good BRAYTON PURCELL, Attorney for Plaintiff

          FORM APPROVED Nicole R. MacKenzie, Attorney for Defendant Scapa Dryer Fabrics

          PROPOSED PRETRIAL ORDER

          HONORABLE JAMES L. ROBART UNITED STATES DISTRICT JUDGE.

         Pursuant to LCR 16(1), Defendant Scapa Dryer Fabrics, Inc. and Plaintiff jointly offer the following Proposed Pre-Trial Order, I. JURISDICTION

         Jurisdiction is vested in this court by virtue of 28 USC § 1332(a) as the matter in controversy exceeds $75, 000 and is between citizens of different States.

         II. CLAIMS AND DEFENSES

         The plaintiff will pursue at trial the following claims:

1. Product Liability pursuant to Restatement of Torts (Second) §402A (1965);
2. Negligence; and
3. Damages
a. Non-economic damages;
b. Medical and related expenses;
e. Loss of earnings, wages and future earnings; and
d. Loss of consortium for plaintiff Geraldine Barabin.

         The defendant will pursue the following affirmative defenses and/or claims:

1. Scapa specifically denies that it mined, milled, processed, manufactured, supplied, distributed, marketed or sold any products containing asbestos that are causally related to Plaintiff's alleged injuries;
2. Whatever damages Plaintiff may have suffered, if any, were solely and proximately caused by the negligence or other conduct of one or more of the other defendants above-named, or, in the alternative, by the negligence or other conduct of some person, corporation, association, or legal entity not presently a party to this lawsuit;
3. The Plaintiff's complaint fails to state a claim against Scapa upon which relief may be granted;
4. Whatever damages Plaintiff may have suffered, if any, were directly and proximately caused by the actions of fellow co-workers of Mr. Barabin;
5. Whatever damages Plaintiff may have suffered, if any, were due solely or in part to the failure of Mr. Barabin's employer or employers to take adequate precautions and provide him with a safe place to work;
6. Scapa expressly denies that Mr. Barabin inhaled injurious quantities of asbestos fibers from products for which Scapa is liable. Any products for which Scapa might be held legally accountable and which Mr. Barabin allegedly used or was exposed to, if any, were not in the same condition as when sold, having been materially altered after the sale and prior to the use or exposure as alleged;
7. That if it is proven at the time of trial that the products of Scapa were manufactured, furnished, supplied and/or sold as alleged in Plaintiffs complaint, and if said products were used in the fashion alleged, all of which is specifically denied except as otherwise set forth above, then any such product manufactured, supplied, furnished and/or sold by Scapa was so manufactured, furnished, supplied and/or sold in strict conformity with the prevailing state of medical art and the prevailing standards of the industry; Scapa's conduct, and any such product for which it bears responsibility, was at all times in strict conformity with the prevailing standard of medical science and the prevailing standards of the industry. The state of medical, scientific and industrial knowledge, art and practice was at all material times such that Scapa neither breached any duty owed to Mr. Barabin, ...

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