United States District Court, W.D. Washington, Tacoma
ERIC KLOPMAN-BAERSELMAN, as Personal Representative for the Estate of RUDIE KLOPMAN-BAERSELMAN, deceased, Plaintiff,
AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants.
ORDER GRANTING DEFENDANT COST LESS AUTO PARTS,
INC.'S MOTION FOR SUMMARY JUDGMENT
J. BRYAN, UNITED STATES DISTRICT JUDGE
MATTER comes before the Court on Defendant Cost Less Auto
Parts, Inc.'s (âCost Lessâ) Motion for Summary Judgment.
Dkt. 259. The Court is familiar with the records and files
herein and has reviewed the motion and documents filed in
support of and in opposition to the motion. Oral argument is
unnecessary to decide this motion.
reasons set forth below, Cost Less's Motion for Summary
Judgment should be granted.
an asbestos case. Dkt. 168. The above-entitled action was
commenced in Pierce County Superior Court of October 27,
2017. Dkt. 1-1, at 6. Notice of removal from the state court
was filed with this Court on July 3, 2018. Dkt. 1-1.
operative complaint, Plaintiff alleges that Rudie
Klopman-Baerselman (“Decedent”) was exposed to
asbestos-containing products sold or supplied by Cost Less,
causing Decedent injuries for which Cost Less is liable. Dkt.
168. Decedent was diagnosed with mesothelioma on
approximately July 11, 2017, and died on November 25, 2017.
Dkt. 168, at 4.
complaint provides that “Decedent  was an employee of
Royal Dutch Lloyd, Rotterdam Lloyd and worked as a merchant
mariner assigned to several vessels. While performing his
duties as a boiler oilman/stoker from approximately 1955
through 1959, Decedent  was exposed to asbestos,
asbestos-containing materials and products while aboard the
vessels.” Dkt. 168, at 6. The complaint continues,
“Decedent  performed all maintenance work on his
vehicles specifically friction work. Decedent  performed
maintenance to his vehicles, during the approximate years
1966 through 1997. Decedent  was exposed to asbestos,
asbestos materials and products while performing vehicle
maintenance.” Dkt. 168, at 6.
claims liability based upon the theories of product liability
(RCW 7.72 et seq.); negligence; conspiracy; strict product
liability under Section 402A and 402B of the Restatement of
Torts; premises liability; and any other applicable theory of
liability.” Dkt. 168, at 6.
11, 2019, Cost Less filed the instant Motion for Summary
Judgment, arguing that:
(1) Plaintiff is unable to identify any evidence, admissible
or otherwise, that the Decedent was exposed to any
asbestos-containing products sold or supplied by Cost Less.
(2) Plaintiff is unable to identify any evidence, admissible
or otherwise, that the Decedent suffered a substantial
exposure to asbestos associated with any asbestos-containing
products sold or supplied by Cost Less.
(3) Plaintiff has failed to present evidence sufficient to
establish genuine issues of material fact with respect to
Plaintiff's claims of negligence, conspiracy, strict
liability under Section 402A and 402B of the Restatements of
Torts, and premises liability.
filed a Response in Opposition to Defendant Cost Less Auto
Parts, Inc.'s ...