United States District Court, W.D. Washington, Tacoma
MARIETTA DIANNE YAW, Individually and as Executor of the Estate of DONALD ARTHUR YAW, Plaintiff,
AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants.
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY
BENJAMIN H. SETTLE United States District Judge
matter comes before the Court on Defendants General Electric
Company (“General Electric”), CBS Corporation
(“Westinghouse”), and Foster Wheeler Energy
Corporation's (“Foster Wheeler”)
(“Defendants”) motion for summary judgment. Dkt.
95. The Court has considered the pleadings filed in support
of and in opposition to the motion and the remainder of the
file and hereby grants the motion for the reasons stated
21, 2018, Plaintiffs Donald and Marietta Yaw (“the
Yaws”) filed a complaint against numerous defendants
alleging injuries to Mr. Yaw resulting from exposure to
asbestos. Dkt. 1.
January 31, 2019, Defendants filed a motion for summary
judgment arguing in part that the Yaws had no evidence to
support their claims against Defendants. Dkt. 95. On February
19, 2019, the Yaws responded to Defendants' motion and
requested a continuance because they were missing facts
essential to justify their opposition. Dkt. 106. On February
22, 2019, Defendants replied. Dkt. 111. On March 18, 2019,
the Yaws filed a supplemental response and submitted the
expert reports of Dr. John Maddux and Captain Arnold Moore
(“Moore”). Dkts. 132, 133-1.
March 21, 2019, the Yaws filed a motion to amend their
complaint informing the Court that Mr. Yaw passed away. Dkt.
March 22, 2019, Defendants filed a surreply requesting that
the Court strike the Yaws' supplemental response and
expert reports. Dkt. 144.
April 18, 2019, the Court granted the Yaws' motion to
amend, granted the Yaws' request for a continuance of the
summary judgment motions, and requested additional briefing
in light of the Supreme Court's decision in Air &
Liquid Systems Corp. v. DeVries, 139 S.Ct. 986, 994
(2019) (“DeVries”). Dkt. 154.
April 26, 2019, Marietta Yaw, individually and as personal
representative of the Estate of Donald Yaw, (hereinafter
“Yaw”) filed her amended complaint. Dkt. 155.
Yaw's claims are as follows:
Plaintiff claims liability based upon the theories of product
liability, including, but not limited to negligence, strict
product liability (for example, Restatement (Second) of Torts
§ 402A and/or 402B), conspiracy, premises liability, the
former RCW 49.16.030, and any other applicable theory of
liability, including, if applicable, RCW 7.72 et seq.
The manufacturer/distributor defendants identified above are
liable for, among other things, the following conduct:
negligent and unsafe design; failure to inspect, test, warn,
instruct, monitor and/or recall; failure to substitute safe
products; marketing products not reasonably safe as
manufactured; marketing products not reasonably safe as
designed; and marketing products not reasonably safe for lack
of adequate warnings.
Certain Defendants engaged in concerted, and/or
conspiratorial activities or omissions which prevented
adequate warnings concerning the hazards of asbestos and
asbestos-containing products from being provided to those
using or exposed to asbestos and asbestos-containing
products. These activities also resulted in the manufacture
and distribution of products that were not reasonably safe as
Id. ¶¶ 31-33.
2, 2019, Defendants filed a supplemental brief in support of
their motion for summary judgment. Dkt. 164. On May 20, 2019,
Yaw responded. Dkt. 173. ...