THOMASINA FOWLER, ETC. VS. AKZO NOBEL CHEMICALS, Â INC.(L-4820-11, MIDDLESEX COUNTY AND STATEWIDE)
A-2300-15T4
| N.J. Super. Ct. App. Div. | May 17, 2017Background
- Willis Edenfield worked at a Bloomfield chemical plant from 1954–1994 where asbestos-containing adhesive products were manufactured; he handled powdered materials in the mill/powder room (scooping, weighing, mixing) and was exposed to visible dust.
- Union Carbide Corporation (UCC) supplied Calidria asbestos to the facility from 1970–1982, delivering at least 1,550 pounds in 1970–1971 and 36,823 pounds in 1971–1982.
- Two former coworkers testified about workplace conditions: one (Dover) observed Edenfield using asbestos in the mill room and saw UCC materials at the plant; another (Boyd) recalled seeing asbestos-labeled packaging while he worked there (1956–1964).
- Edenfield was diagnosed with mesothelioma in October 2010 and died three months later; the lawsuit was filed posthumously by his widow as wrongful death/product liability against UCC and others; Edenfield was never deposed.
- At summary judgment, the trial court found insufficient evidence linking Edenfield’s exposure specifically to UCC’s asbestos and granted judgment for UCC; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff presented sufficient evidence of medical causation (exposure to UCC's asbestos as a substantial factor in causing mesothelioma) to defeat summary judgment | Edenfield worked regularly and directly with friable asbestos dust while UCC supplied large quantities of asbestos to the plant during the relevant period; circumstantial evidence suffices to infer exposure to UCC product | Mere presence of multiple asbestos suppliers and lack of direct proof tying UCC’s product to Edenfield means plaintiff cannot show the required source-specific exposure | Reversed: plaintiff produced enough circumstantial evidence (frequency, regularity, proximity) for a reasonable jury to infer Edenfield was exposed to UCC’s asbestos; summary judgment improper |
Key Cases Cited
- James v. Bessemer Processing Co., 155 N.J. 279 (discusses substantial-factor medical causation and frequency/regularity/proximity test)
- Coffman v. Keene Corp., 133 N.J. 581 (asbestos failure-to-warn causation principles)
- Becker v. Baron Bros., 138 N.J. 145 (distinguishes product-defect and medical causation)
- Sholtis v. Am. Cyanamid Co., 238 N.J. Super. 8 (articulates frequency, regularity and proximity factors)
- Hughes v. A.W. Chesterton Co., 435 N.J. Super. 326 (addresses proof of exposure to defendant's specific products)
- Provini v. Asbestospray Corp., 360 N.J. Super. 234 (summary judgment for defendant where plaintiff failed to show actual asbestos exposure linked to defendant)
- Kurak v. A.P. Green Refractories Co., 298 N.J. Super. 301 (requires proof the source of asbestos was defendant's product)
- Goss v. Am. Cyanamid Co., 278 N.J. Super. 227 (mere presence of defendant's products at job site insufficient without linking exposure)
- Tragarz v. Keene Corp., 980 F.2d 411 (explains the non-rigid nature of the frequency/regularity/proximity test)
