Davis v. Air & Liquid Systems Corporation
4:14-cv-02288
D. Ariz.Nov 9, 2017Background
- Decedent Bobby Davis served on the USS Henry B. Wilson (firerooms) from Aug. 1969–May 1973 and later died of mesothelioma; plaintiff alleges asbestos exposure aboard the ship.
- Plaintiffs contend Crane Co. and Warren Pumps supplied valves and pumps (and/or asbestos-containing gaskets/packing or replacement parts) on the Wilson to which Davis was exposed.
- Crane Co.: manufactured metal valves (did not make asbestos components) and sold replacement parts catalogs; Captain Moore’s review of Crane drawings indicated Crane valves were installed on the ship.
- Warren Pumps: supplied two fire pumps and one bilge pump to the ship; it did not manufacture asbestos components but sometimes supplied replacement asbestos gaskets/packing. Navy maintenance practices meant original gaskets/packing were typically replaced during overhauls.
- Key witness testimony (co-workers Simmons and Akins, and expert Captain Moore) was inconsistent or speculative about whether Davis worked on or was exposed to asbestos-containing components actually manufactured or supplied by Crane or Warren. Court found no admissible evidence connecting either defendant’s asbestos-containing components (original or replacement) to Davis’s exposures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs proved causation — that Crane Co. products were a substantial factor in Davis’s mesothelioma | Crane: Crane valves were on the Wilson and Davis likely worked on valves removing packing/gaskets; OEM replacement use suggests Crane-sourced parts | Crane: No evidence Crane manufactured asbestos components or that Crane-supplied asbestos parts were installed or that Davis encountered Crane-supplied parts | Summary judgment for Crane — insufficient evidence linking Crane-supplied asbestos components to Davis’s exposure |
| Whether plaintiffs proved causation — that Warren Pumps products were a substantial factor | Warren: Warren supplied pumps on the Wilson and Davis worked on pumps and bilge pump gaskets/packing | Warren: No evidence original asbestos gaskets/packing remained; Warren did not manufacture asbestos components and no proof Warren supplied replacement parts aboard the Wilson | Summary judgment for Warren — insufficient evidence linking Warren-supplied asbestos components to Davis’s exposure |
| Admissibility/value of expert and witness testimony asserting likely exposure | Plaintiffs relied on Captain Moore and co-worker recollections to infer exposure | Defendants argued testimony was speculative, contradictory, and lacks personal knowledge linking defendants’ products to exposure | Court: Speculative expert testimony and contradictory witness statements do not create a triable issue when no direct evidence of exposure to defendants’ components exists |
| Applicability of substantial-factor causation standard | Plaintiffs argued general exposure to asbestos aboard ship supports liability | Defendants argued mere presence of equipment is insufficient; must show product was substantial factor | Court applied substantial-factor test (Arizona/maritime law) and required evidence linking defendants’ specific products/components to injury; plaintiffs failed to meet standard |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden-shifting principles)
- Thompson v. Better-Bilt Aluminum Prods. Co., Inc., 832 P.2d 203 (Arizona substantial-factor causation test)
- Lindstrom v. A-C Prod. Liab. Tr., 424 F.3d 488 (maritime-law application of substantial-factor test in asbestos cases)
- Connor v. Alfa Laval, Inc., 842 F. Supp.2d 791 (manufacturer not liable for asbestos products it did not manufacture or distribute)