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Klopman-Baerselman v. Air & Liquid Systems Corp.

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

December 5, 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 DENYING PLAINTIFF'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT AS TO DEFENDANTS' AFFIRMATIVE DEFENSES

          ROBERT J. BRYAN UNITED STATES DISTRICT JUDGE

         THIS MATTER comes before the Court on Plaintiff's Motion for Partial Summary Judgment Against All Defendants as to the Affirmative Defense of Alternative Exposures in the Merchant Marines (“Dutch Merchant Marine Motion”) (Dkt. 489) and Plaintiff's Motion for Partial Summary Judgment Against All Defendants as to the Affirmative Defense of Third-Party Fault from Alleged Exposures at Tektronix, Inc. (“Tektronix Motion”) (Dkt. 491). The Court is familiar with the record herein and has reviewed the motions and documents filed in support of and in opposition thereto, and it is fully advised. Oral argument is unnecessary to decide these motions.

         For the reasons set forth below, both motions should be denied.

         I. BACKGROUND & FACTS

         A. ORDER GRANTING DEFENDANT INGERSOLL-RAND COMPANY'S MOTION FOR SUMMARY JUDGMENT

         On October 15, 2019, the Court granted Defendant Ingersoll-Rand Company's Motion for Summary Judgment as to Plaintiff's claims, including Plaintiff's claims related to Rudie Klopman-Baerselman's (“Decedent”) alleged asbestos exposure (1) as a Dutch Merchant Marine and (2) as a worker at Tektronix (a theory of asbestos exposure that Plaintiff had removed from the operative complaint). Dkt. 428.[1]

         B. DUTCH MERCHANT MARINE MOTION

         On November 7, 2019, Plaintiff filed the instant Dutch Merchant Marine Motion. Dkt. 489. Plaintiff argues that “Defendants lack sufficient evidence to support their position that [Decedent] was exposed to asbestos while in the merchant marines[.]” Dkt. 489, at 2. Plaintiff alleges that defendants have raised affirmative defenses of alternative asbestos exposure from Decedent's time working as a greaser in the Dutch Merchant Marine. Dkt. 489. Plaintiff requests that the Court grant partial summary judgment against defendants as to the affirmative defense of alternative asbestos exposure from working in the Dutch Merchant Marine because defendants allegedly lack sufficient evidence of Decedent's Dutch Merchant Marine exposure to asbestos. Dkt. 489.

         Several defendants filed responses and notices of joinder in opposition to Plaintiff's Dutch Merchant Marine Motion. Dkts. 507; 514; 524; 526; 535; 539; 542; and 565. Plaintiff filed a reply. Dkt. 574.

         C. TEKTRONIX MOTION

         On November 7, 2019, Plaintiff filed the instant Tektronix Motion. Dkt. 491. Plaintiff argues that Defendants lacks sufficient evidence of Decedent's exposure to asbestos while working at Tektronix to establish an affirmative defense of alternative asbestos exposure there. Dkt. 491. Plaintiff contends that, “[a]s Defendants have no more evidence than that found insufficient to create an issue of fact for the jury in this Court's Order granting Defendant Ingersoll-Rand Company's Motion for Summary Judgment, they cannot raise the affirmative defense that [Decedent] had an alternative asbestos exposure at Tektronix that caused his disease.” Dkt. 491, at 6. Plaintiff requests that the Court grant partial summary judgment against defendants as to the affirmative defense of alternative asbestos exposure at Tektronix. Dkt. 491.

         Several defendants filed responses and notices of joinder in opposition to Plaintiff's Tektronix Motion. Dkt. 507; 514; 526; 529; 533; 537; and 543. Plaintiff filed a Reply. Dkt. 575.

         II. DISCUSSION

         A. SUMMARY ...


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