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Klopman-Baerselman v. Air & Liquid Systems Corp.

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

September 19, 2019

ERIC KLOPMAN-BAERSELMAN, as Personal Representative for the Estate of RUDIE KLOPMAN-BAERSELMAN, deceased, Plaintiff,
v.
AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants.

          ORDER GRANTING DEFENDANT HENRY COMPANY LLC’S MOTION FOR SUMMARY JUDGMENT

          ROBERT J. BRYAN United States District Judge.

         THIS MATTER comes before the Court on Defendant Henry Company LLC’s (“Henry”) Motion for Summary Judgment (Dkt. 315) and Defendant Henry’s Motion to Strike (Dkt. 349). The Court is familiar with the record and files herein and has reviewed the motions and materials filed in support of and in opposition thereto. Oral argument is unnecessary to decide these motions.

         For the reasons set forth below, Henry’s Motion for Summary Judgment (Dkt. 315) should be granted. The Court need not consider Henry’s Motion to Strike (Dkt. 349).

         I. BACKGROUND

         This is 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.

         In the operative complaint, Plaintiff alleges that Rudie Klopman-Baerselman (“Decedent”) was exposed to asbestos-containing products produced by Henry, causing Decedent injuries for which Henry is liable. Dkt. 168. Decedent was diagnosed with mesothelioma on approximately July 11, 2017, and died on November 25, 2017. Dkt. 168, at 4.

         The 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.

         “Plaintiff 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.

         Henry filed the instant Motion for Summary Judgment, arguing that:

(1) Plaintiff has failed to put forth evidence that Decedent’s claims were caused by Henry’s products.
(2) Plaintiff has failed to put forth evidence in support of his broad claims of negligence, conspiracy, strict liability under Section 402A and 402B of the Restatements of Torts, premises liability.

Dkt. 315.

         Plaintiff filed a Response in Opposition to Defendant Henry Company LLC’s Motion for Summary Judgment. Dkt. 342. Plaintiff argues, in part, that it has provided ample evidence of exposure to Henry’s asbestos-containing products via, in part, the testimony of lay witnesses. Dkt. 342, at 3–6.

         Henry filed a Reply in Support of Its Motion for Summary Judgment and Motion to Strike. Dkt. 349. Henry argues that Plaintiff has provided no testimony or other evidence that Decedent used an asbestos-containing product manufactured by Henry. Dkt. 349. Henry moves to strike ...


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