Stark v. Armstrong World Industries, Inc.

21 F. App'x 371
Court of Appeals for the Sixth Circuit·Decided October 3, 2001·No. No. 00-3388·Published·Cited by 51 cases

Opinion

BOGGS, Circuit Judge.

William (“Bill”) Stark brought two maritime actions, subsequently consolidated, that alleged damages based on exposure to [373] asbestos. Pursuant to the Jones Act, 46 U.S.C. § 688, and several other legal theories, Stark brought claims against his former shipowner employers, who have been dismissed pursuant to settlement; he also brought products liability and other claims against maritime equipment makers and shipbuilders whose products contained asbestos (“manufacturer defendants”). Over the course of the litigation, a large number of the manufacturer defendants were voluntarily dismissed by Stark. The remaining manufacturer defendants, Bethlehem Steel Corp. (“Bethlehem”), Westinghouse Electric Corp. (“Westinghouse”), General Electric Co. (“GE”), Combustion Engineering (“CE”), and Foster Wheeler Co. (“Foster Wheeler”), moved for summary judgment. All their motions were granted. Stark appeals, claiming to have shown that genuine issues of material fact remain to be resolved. We affirm the dismissal of all five defendants.

I

Bill Stark went to sea in May 1945, and sailed as itinerant merchant mariner for the next four and a half decades.1 Stark worked below the decks of eighty different ships during that time, rising to the rank of chief electrician and master’s mate by the time of his retirement in 1990. During his years as a seaman, Stark alleges that he worked with numerous pieces of equipment that used asbestos for insulation or other purposes. Stark claims that this asbestos was frequently released in the air, and that within the confines of the engine and boiler rooms, he was forced to inhale friable asbestos fibers, suffering damage as a consequence. Stark has mesothelioma, a form of cancer which can be, and Stark claims was in his case, caused by asbestos exposure.

Stark filed two actions against various defendants seeking compensation for his injury. In June 1994, before Stark had been diagnosed with cancer, he filed an action that was incorporated into the Maritime Asbestos Docket of Northern District of Ohio. In that action, Stark made claims against 113 different defendants, his former employers and numerous manufacturers of maritime machinery. This case moved around the federal court system, with stops at the Judicial Panel on MultiDistrict Litigation and the United States District Court for the Eastern District of Pennsylvania, for some time.

Regrettably, Stark was diagnosed with mesothelioma in his lung in March 1997. He filed a second action in Louisiana state court, naming only 14 defendants. This action eventually also made its way to the Eastern District of Pennsylvania, where it was consolidated with Stark’s earlier case. After consolidation, the case was sent back to the Northern District of Ohio. Stark voluntarily sought dismissal of all those defendants who had not been named in his Louisiana complaint. The six remaining manufacturers moved for summary judgment, claiming that Stark had failed to show a genuine issue of material fact as to whether defendants’ products had caused his illness.2 These motions were granted [374] in February 2000. The court held that (1), standing alone, Stark’s testimony regarding the defective design of Bethlehem’s ships was insufficient to create a genuine issue of material fact as to Bethlehem’s responsibility for Stark’s cancer. The court also held that (2) Stark had failed to produce “competent evidence” as to when or where he might have used Westinghouse’s motors, winches, or marine propulsion turbines,3 and that (3) Stark’s evidence failed to implicate harm arising from General Electric’s winches; it refused to consider Stark’s claims regarding General Electric’s turbines, which he raised for the first time in opposition to GE’s motion for summary judgment. Combustion Engineering, which Stark attempted to hold responsible for its boilers, was granted summary judgment because (4) “Plaintiff has not identified any asbestos product for which CE is responsible that was a substantial factor in causing Plaintiffs injuries.” The claim against Foster Wheeler, another boiler manufacturer, was dismissed because (5) Stark was found not have worked directly with a Foster Wheeler boiler and Foster Wheeler could not be held responsible for asbestos insulation around pipes that eventually connected to such a boiler. Stark has filed a timely appeal of these decisions.

II

Standard of Review

On appeal, we review a grant of summary judgment de novo, using the same Rule 56(e) standard as the district court. Hansard v. Barrett, 980 F.2d 1059 (6th Cir.1992). The moving party has the initial burden of proving that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1477 (6th Cir.1989). The burden then shifts to the nonmoving party to come forward with evidence showing that there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). ‘Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no ‘genuine issue for trial.’ ” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

Stark’s negligence and products liability claims against the equipment manufacturers are brought under the general maritime law, which is “ ‘an amalgam of traditional common-law rules, modifications of those rules, and newly created rules,’ drawn from both state and federal sources.” Saratoga Fishing Co. v. J.M. Martinac & Co., 520 U.S. 875, 878, 117 S.Ct. 1783, 138 L.Ed.2d 76 (1997) (quoting East River S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 865, 106 S.Ct. 2295, 90 L.Ed.2d 865 (1986)). In maritime law we remain bound, of course, by our circuit precedents and those of the Supreme Court.

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Stark v. Armstrong World Industries, Inc., 21 F. App'x 371 (6th Cir. 2001).

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