Lindstrom v. Product Liability Trust

424 F.3d 488, 2005 A.M.C. 2425, 2005 U.S. App. LEXIS 21010
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 28, 2005
Docket19-5262
StatusPublished
Cited by2 cases

This text of 424 F.3d 488 (Lindstrom v. Product Liability Trust) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lindstrom v. Product Liability Trust, 424 F.3d 488, 2005 A.M.C. 2425, 2005 U.S. App. LEXIS 21010 (6th Cir. 2005).

Opinion

424 F.3d 488

Rolf L. LINDSTROM, Plaintiff,
Willard E. Bartel and David C. Peebles, administrators of the estate of Rolf L. Lindstrom, deceased, Plaintiffs-Appellants,
v.
A-C PRODUCT LIABILITY TRUST, et al., Defendants,
A.W. Chesterton, Coffin Turbo Pump, Inc., Ingersoll-Rand Company, Walworth Company, the Anchor Packing Company, Coltec Industries, Garlock
Sealing Technologies, LLC, Goulds Pumps, Inc., Henry Vogt Machine Co., and John Crane, Inc., Defendants-Appellees.

No. 04-3751.

United States Court of Appeals, Sixth Circuit.

Argued: June 8, 2005.

Decided and Filed: September 28, 2005.

ARGUED: John C. Cardello, Jacques Admiralty Law Firm, P.C., Detroit, Michigan, for Appellants. George F. Fitzpatrick, Jr., Swanson, Martin & Bell, Chicago, Illinois, Matthew C. O'Connell, Sutter, O'Connell, Mannion & Farchione, Cleveland, Ohio, Holly N. Olarczuk-Smith, Eric Mann, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, William F. Scully, Jr., Williams, Sennett & Scully Co., Cleveland, Ohio, Stephen H. Daniels, McMahon, DeGulis, Hoffman & Lombardi, Cleveland, Ohio, for Appellees.

ON BRIEF: John C. Cardello, Donald A. Krispin, Jacques Admiralty Law Firm, P.C., Detroit, Michigan, for Appellants. George F. Fitzpatrick, Jr., Swanson, Martin & Bell, Chicago, Illinois, Matthew C. O'Connell, Sutter, O'Connell, Mannion & Farchione, Cleveland, Ohio, Holly N. Olarczuk-Smith, Eric Mann, Monica A. Sansalone, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, Stephen H. Daniels, Evan J. Palik, McMahon, DeGulis, Hoffman & Lombardi, Cleveland, Ohio, William F. Scully, Jr., Williams, Sennett & Scully Co., Cleveland, Ohio, Michael A. Pollard, Baker & McKenzie, Chicago, Illinois, Stephanie P. Manson, Walter J. Andrews, Paul E. Janaskie, Hunton & Williams, McLean, Virginia, for Appellees.

Before: SILER and GIBBONS, Circuit Judges; LAWSON, District Judge.*

OPINION

GIBBONS, Circuit Judge.

Rolf L. Lindstrom, a merchant seaman, brought suit against numerous defendants seeking compensation for his mesothelioma, a disease he claims was caused by exposure to asbestos released from products manufactured by defendants-appellees. The district court granted summary judgment in favor of defendants-appellees Ingersoll Rand Company, Coffin Turbo Pump, Inc., Garlock Sealing Technologies, LLC, Henry Vogt Machine Company, and Goulds Pumps, Inc., but denied John Crane, Inc.'s summary judgment motion. Following a bench trial, the district court entered a verdict in favor of John Crane, Inc. Willard E. Bartel and David C. Peebles, administrators of Lindstrom's estate, now appeal.

For the following reasons, we affirm the decision of the district court with respect to all of the defendants.

I.

Lindstrom was employed from 1963 until 1994 as a merchant seaman. He worked in the engine department as a licensed engineer aboard numerous vessels during this time. In his work, Lindstrom was allegedly exposed to many pieces of equipment that contained asbestos. Lindstrom was diagnosed with malignant mesothelioma of the peritoneum in October 1999 and died of this disease on June 15, 2003. Willard E. Bartel and David C. Peebles were appointed as administrators of Lindstrom's estate and were substituted as plaintiffs.

Lindstrom filed a complaint in the Northern District of Ohio in January of 2003 against various defendants seeking compensation for the mesothelioma, a condition which he asserts he developed as a result of exposure to asbestos contained in defendants-appellees' products. Lindstrom's complaint listed claims of negligence under the Jones Act, 46 U.S.C. § 688 et seq., unseaworthiness under maritime law, and products liability claims of design and manufacturing defects. Only the products liability claims are at issue in this appeal.

The district court granted summary judgment in favor of Ingersoll Rand and Coffin Pump in an opinion dated May 2, 2003. The district court granted summary judgment in favor of Garlock Sealing on May 7, 2003. The district court granted summary judgment in favor of Goulds Pumps and Henry Vogt Machine Company, but denied John Crane, Inc.'s motion for summary judgment in an opinion dated May 19, 2003. Lindstrom's claim against John Crane, Inc. proceeded to a bench trial which took place from February 18 through February 27, 2004. On May 3, 2004, the district court entered a verdict in favor of John Crane, Inc. Bartel and Peebles filed a notice of appeal from the district court's orders with respect to the above six defendants-appellees on May 27, 2004.

II.

We review a district court's grant of summary judgment de novo. Golden v. City of Columbus, 404 F.3d 950, 954 (6th Cir.2005). Summary judgment is appropriate where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). We must review the evidence and draw all reasonable inferences in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

On an appeal from a judgment entered after a bench trial, we review the district court's findings of fact for clear error and its conclusions of law de novo. Pressman v. Franklin Nat'l Bank, 384 F.3d 182, 185 (6th Cir.2004). When the factual findings involve credibility determinations, we afford great deference to the district court's factual findings. Schroyer v. Frankel, 197 F.3d 1170, 1173 (6th Cir.1999).

Plaintiffs in products liability cases under maritime law may proceed under both negligence and strict liability theories. Under either theory, a plaintiff must establish causation. Stark v. Armstrong World Indus., Inc., 21 Fed.Appx. 371, 375 (6th Cir.2001). We have required that a plaintiff show, for each defendant, that (1) he was exposed to the defendant's product, and (2) the product was a substantial factor in causing the injury he suffered. Id. In addition, we have permitted evidence of substantial exposure for a substantial period of time to provide a basis for the inference that the product was a substantial factor in causing the injury. Id. at 376. "Minimal exposure" to a defendant's product is insufficient. Id. Likewise, a mere showing that defendant's product was present somewhere at plaintiff's place of work is insufficient. Id.

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424 F.3d 488, 2005 A.M.C. 2425, 2005 U.S. App. LEXIS 21010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindstrom-v-product-liability-trust-ca6-2005.