Quirin v. Lorillard Tobacco Co.
17 F. Supp. 3d 760
N.D. Ill.2014Background
- Quirin, executor of Ronald Quirin, sues Crane Co. for negligence alleging exposure to asbestos during Navy service caused mesothelioma.
- Crane Co. moves for summary judgment arguing no duty owed to Quirin and no proximate cause.
- Maritime law governs the case due to naval vessel context and navigable-water setting, with location and nexus tests satisfied.
- Quirin's ship Tolovana had Crane valves; gaskets, packing, insulation potentially contained asbestos; workers including Quirin encountered asbestos-containing materials.
- Crane marketed and sold asbestos-containing components and replacement parts; warnings by Crane were limited and not directed to third-party asbestos-containing materials.
- Court denies Crane’s summary judgment; finds potential duty to warn and circumstantial evidence of exposure support triable issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to warn about third-party asbestos | Quirin argues Crane had duty to warn about hazards from asbestos-containing materials it did not supply. | Crane contends no duty for hazards from third-party materials not supplied by Crane. | Duty to warn may attach under maritime law in context of asbestos-containing components |
| Sufficiency of exposure evidence to Crane products | Circumstantial evidence shows Crane supplied or components used with asbestos; exposure plausibly linked to Crane products. | No direct evidence of Crane-supplied asbestos materials used by Quirin; wear parts may have changed. | Circumstantial evidence creates triable issue of exposure to Crane products |
| Governing law | Illinois law might apply but maritime law governs due to situs and nexus. | Maritime law applies; no conflict with Illinois law on duty. | Maritime law governs the negligence claims |
Key Cases Cited
- Carey v. Bahama Cruise Lines, 864 F.2d 201 (1st Cir. 1988) (admiralty/tort issues under maritime jurisdiction)
- Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 (U.S. 1959) (admiralty choice-of-law and maritime jurisdiction principles)
- Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (U.S. 1995) (location and nexus tests for maritime torts)
- Lindstrom v. A-C Product Liability Trust, 424 F.3d 488 (6th Cir. 2005) (bare metal defense and duty to warn in maritime asbestos cases)
- O'Neil v. Crane Co., 53 Cal.4th 335 (Cal. 2012) (California version of bare metal defense; duty to warn exceptions)
- Cabasug v. Crane Co., 956 F. Supp. 2d 1178 (D. Haw. 2013) (circumstantial evidence in proving exposure to Crane products)
- Conner v. Alfa Laval, Inc., 842 F. Supp. 2d 791 (E.D. Pa. 2012) (maritime/negligence exposure theories in asbestos cases)