Faddish v. Buffalo Pumps
881 F. Supp. 2d 1361
S.D. Fla.2012Background
- Plaintiff filed an asbestos-related death claim in Florida state court, later removed to federal court and MDL-875 proceedings.
- Defendants Warren Pumps, Crane, and Westinghouse produced pumps, valves, and turbines used on Navy ships; decedent worked aboard the Essex 1958–1961.
- Decedent's exposure occurred via replacement asbestos-containing parts and insulation installed by third parties, not directly manufactured by defendants.
- Navy specifications mandated asbestos-containing insulation and internal components; defendants supplied their products bare iron without insulation.
- Defendants warned only sparingly about asbestos; Navy and defendants knew asbestos hazards well before the Essex’s construction.
- Court considers whether maritime or Florida law governs negligence and strict liability failure-to-warn claims and whether the bare-metal defense applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should maritime law govern the claims over Florida law? | Faddish: insufficient maritime nexus; Florida law controls. | Grubart locality/connection tests apply; maritime law governs. | Maritime law applies to the toxic exposure claims. |
| Does the 'bare metal' defense bar duty to warn under Florida law? | Defendants’ products included or were used with asbestos; foreseeability supports duty. | No duty to warn for third-party asbestos-containing materials not manufactured/distributed by them. | Under Florida law, the bare metal defense is applicable to bar duty to warn here. |
| If duty to warn exists, does the chain-of-distribution framework impose liability for replacement parts? | Defendants knew hazards and were integral to end-use; liable for failures to warn. | Liability limited to entities within the chain of distribution; not responsible for third-party replacements. | No duty to warn against third-party replacement parts; no strict or negligent liability. |
Key Cases Cited
- Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (U.S. 1995) (locality and connection tests govern maritime jurisdiction)
- Sisson v. Ruby, 497 U.S. 358 (U.S. 1990) (sea-based work and navigable waters connection)
- Cochran v. E.I. DuPont de Nemours & Co., 933 F.2d 1533 (11th Cir. 1991) (Kelly framework in choice-of-law; Grubart disavowal)
- Alderman v. Pacific Northern Victor, Inc., 95 F.3d 1061 (11th Cir. 1996) (onboard injury satisfies admiralty jurisdiction)
- West v. Caterpillar Tractor Co., 336 So.2d 80 (Fla. 1976) (Florida strict liability and warning duty principles)
- McConnell v. Union Carbide Corp., 937 So.2d 148 (Fla. 4th DCA 2006) (strict liability framework; consumer expectations and warnings)
- Union Carbide Corp. v. Aubin, 97 So.3d 886 (Fla. 3d DCA 2012) (component parts and duty to warn in distribution chain)