Thurmon v. A.W. Chesterton, Inc.

61 F. Supp. 3d 1280, 2014 U.S. Dist. LEXIS 164136, 2014 WL 6621262
CourtDistrict Court, N.D. Georgia
DecidedNovember 21, 2014
DocketCivil Action No. 1:11-CV-01407-CAP
StatusPublished
Cited by4 cases

This text of 61 F. Supp. 3d 1280 (Thurmon v. A.W. Chesterton, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thurmon v. A.W. Chesterton, Inc., 61 F. Supp. 3d 1280, 2014 U.S. Dist. LEXIS 164136, 2014 WL 6621262 (N.D. Ga. 2014).

Opinion

ORDER

CHARLES A. PANNELL, JR., District Júdge.

This case was originally transferred from the United States District Court for the Northern District of Georgia to the United States District Court for the Eastern District of Pennsylvania as part of Multidistrict Litigation Docket 875, In re: Asbestos Products Liability Litigation. See Thurmon v. Georgia Pacific, LLC, No. 11-CV-01407-ER (E.D.Pa.2012). The transferee court in the Eastern District of Pennsylvania remanded the case to this court for the resolution of the final pretrial matter in the case, which is Crane Corporation’s (“Crane”) re-filed motion for summary judgment as to claims arising from alleged asbestos exposure occurring in connection with Crane valves [Doc. No. 75].1

[1282]*12821. Factual Background

The plaintiffs are the survivors of William H. Thurmon (the “decedent”), who was diagnosed with mesothelioma in December 2009 and died that same month. As a result of his thirty-one-year service as a shift superintendent at Rayonier Pulp and Paper Mill (“Rayonier”) in Jesup, Georgia, the plaintiffs contend that the decedent was exposed to asbestos from valves, gaskets, and packing manufactured or supplied (or both) by Crane.2

In support of their claim, the plaintiffs offer the testimony of Ellis Shannon Copeland and Bobby Trull, both of whom worked with the decedent at Rayonier. Copeland’s testimony establishes that there were asbestos-containing Crane valves at Rayonier and that such valves were used in the “production” and “diges-ter” areas of the facility. Trull offers testimony that suggests that the contents of Crane valves — i.e., gaskets and packing— were regularly replaced due to normal wear and tear. According to the plaintiffs’ evidence, the manipulation and replacement of the gaskets and packing presented a health hazard because asbestos fibers were freed in the process. Trull testified that the decedent “could have been” in close proximity to that work “if [the work] was [performed] in his area and he was working that day or was the superintendent....” When the plaintiffs’ counsel sought to clarify this testimony, Trull stated that he had “memory” of the decedent’s presence during such maintenances.

Critically, however, Trull testified that he did not know whether parts manufactured, supplied,, or designed by Crane were used to replace the parts removed from its valves; he claims “[they] could have used some other brand.” Trull’s testimony that he did not know whether any of the replacement packing or gaskets were original to the valve is not disputed by the parties [Doc. No. 79 at 3].

For the purposes of this motion, the court presumes that all of Crane’s valves were originally manufactured with asbestos-containing packing and gasket materials despite their capacity to operate with non-asbestos-containing components [Doc. No. 79 at 3-4], Notwithstanding this favorable presumption, the court agrees with the transferee court that “there is no evidence that the valves (and/or the asbestos-containing component parts therein) to which Decedent would have been exposed on ... unspecified ‘occasions’ were new (i.e., original)” [Doc. No. 66 at 11]. In the absence of this evidence, as noted above, the transferee court remanded the case to this court to decide whether “Georgia law holds a valve manufacturer liable for injury arising from asbestos-containing component parts used in connection with its valve, but which it did not manufacture or supply [or design]”; in other words, “[Crane can] only be liable for this exposure if Georgia law does not recognize the so-called ‘bare metal defense’” [Doc. No. 66 at 11],

II. Discussion

A. Standard of Review

Rule 56(a) of the Federal Rules of Civil Procedure authorizes a court to enter summary judgment “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to [1283]*1283judgment as a matter of law.” Fed. R.Civ.P. 56(a). The party seeking summary judgment bears the burden of demonstrating that no dispute as to any material fact exists. Adickes v. S.H. Kress & Co., 398 U.S. 144, 156, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Johnson v. Clifton, 74 F.3d 1087, 1090 (11th Cir.1996). The moving party’s burden is discharged merely by “ ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support [an essential element of] the nonmoving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In determining whether the moving party has met this burden, the district court must view the evidence and all factual inferences in the light most favorable to the party opposing the motion. Johnson, 74 F.3d at 1090. Once the moving party has adequately supported its motion, the nonmovant then has the burden of showing that summary judgment is improper by coming forward with specific facts showing a genuine dispute. Matsushita Electrical Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

In deciding a motion for 'summary judgment, it is not the court’s function to decide issues of material fact but to decide only whether there is such an issue to be tried. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The applicable substantive law will identify those facts that are material. Id. at 247, 106 S.Ct. 2505. Facts that in good faith are disputed, but which do not resolve or affect the outcome of the case, will not preclude the entry of summary judgment as those facts are not material. Id. Genuine disputes are those by which the evidence is such that a reasonable jury could return a verdict for the nonmovant. Id. In order for factual issues to be “genuine” they must have a real basis in the record. Matsushita Electrical Industrial Co., 475 U.S. at 586, 106 S.Ct. 1348. When the record as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no “genuine issue for trial.” Id.

B. Analysis

As established by the transferee court, the parties agree that Georgia substantive law applies [Doc. No. 66 at 2], Moreover, since this case appears before the court on remand from an order of a Multidistrict Litigation transferee judge, the court will assign weighty deference to the transferee court’s earlier decisions and refrain from deviating from them “because any widespread overturning of transferee court decisions would frustrate the principle aims of the MDL process and lessen the system’s effectiveness.” Hill v. Ford Motor Co., 975 F.Supp.2d 1351, 1358 (N.D.Ga.2013) (quoting In re Ford Motor Co.,

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Cite This Page — Counsel Stack

Bluebook (online)
61 F. Supp. 3d 1280, 2014 U.S. Dist. LEXIS 164136, 2014 WL 6621262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurmon-v-aw-chesterton-inc-gand-2014.