VOLLMAN v. AIR AND LIQUID SYSTEMS CORPORATION

District Court, E.D. Pennsylvania·Decided August 21, 2025·No. 5:22-cv-02564·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

VALERIE WOOD, INDIVIDUALLY AND CIVIL ACTION AS EXECUTOR FOR THE ESTATE OF GREG VOLLMAN, DECEASED,

Plaintiff, NO. 22-2564 v.

EATON CORPORATION, FOSTER WHEELER LLC, HAJOCA CORPORATION, and W.W. GRAINGER,

Defendants.

HODGE, J. August 21, 2025

MEMORANDUM Valerie Wood (“Plaintiff”), individually and as executor for the estate of Greg Vollman (“Decedent” or “Vollman”), was replaced as the plaintiff in this suit after Vollman’s death from mesothelioma. This suit was filed against numerous defendants for strict product liability (“Count One”), breach of implied warranty (“Count Two”), negligence (“Count Three”), and wrongful death (“Count Four”). Defendants Eaton Corporation (“Eaton”), Foster Wheeler LLC (“Foster Wheeler”), Hajoca Corporation (“Hajoca”), and W.W. Grainger (“Grainger”) have filed Motions for Summary Judgment (“Motions”). (ECF Nos. 390–93.) Upon review of the pleadings, the Court GRANTS the Motions from Eaton (ECF No. 393), Foster Wheeler (ECF No. 391), Grainger (ECF No. 392), and Hajoca (ECF No. 390). I. BACKGROUND1 Plaintiff commenced the present action in the Philadelphia County Court of Common Pleas on May 31, 2022. (ECF No. 1, Ex. A.) On July 1, 2022, Defendant John Crane, Inc. removed this case to the United States District Court for the Eastern District of Pennsylvania. (ECF No. 1.)

Original Plaintiff in this action, Greg Vollman, was diagnosed with Pleural Mesothelioma on or about November 16, 2021. (ECF No. 364 ¶ 9.) Greg Vollman died on May 21, 2024. (ECF No. 364 ¶ 5.) Valerie Wood has been appointed the executor for the estate of Greg Vollman by the Commonwealth of Pennsylvania, Lehigh County. (ECF No. 364 ¶ 6.) Plaintiff alleges Vollman was exposed to asbestos and asbestos-containing products from 1972–1990 while working for the U.S. Navy, Lehigh University, and Bethlehem Steel Company (“Bethlehem Steel”). (ECF No. 364 ¶¶ 10–14.) Specifically, Plaintiff alleges that the Decedent inhaled asbestos dust and fibers shed by asbestos products “mined, manufactured, designed, specified, required, produced, sold, supplied, distributed and/or installed by the Defendant corporations” during the Decedent’s work from 1972 to 1990. (ECF No. 364 ¶ 11.)

Decedent was employed as a boiler operator by Lehigh University in Bethlehem, PA from 1976-1970 where he allegedly was exposed to asbestos. (ECF No. 364 ¶ 13.) Additionally, the Decedent was a boiler operator, pump house operator, and mechanical helper in the Steam, Water, and Air Department of The Bethlehem Steel Company in Bethlehem, PA from 1979 through 1998 where he was also allegedly exposed to asbestos.2 (ECF No. 364 ¶ 14.) Plaintiff asserts that during Vollman’s employment, he was exposed to asbestos that was used in products developed and/or supplied by Defendant corporations in the normal course of his work. The present summary

1 The Court adopts the pagination supplied by the CM/ECF docketing system. 2 Plaintiff only alleges that Vollman was exposed to asbestos up until 1990, though his work at Bethlehem Steel continued through 1998. judgment motions are brought by Defendants Eaton Corp., f/k/a Cutler-Hammer (“Eaton”) (ECF No. 393), Foster Wheeler LLC f/k/a Foster Wheeler Corp (“Foster Wheeler”) (ECF No. 391), Hajoca Corporation (“Hajoca”) (ECF No. 390), and W.W. Grainger, Inc. (“Grainger”) (ECF No. 392).

Eaton is a corporation organized in the State of Ohio that Plaintiff alleges manufactured, produced, and sold asbestos containing products, either directly or indirectly, in the geographical area in which the Decedent worked. (ECF No. 364 ¶ 19.) Plaintiff alleges specifically that Eaton sold asbestos containing brake linings that were used on cranes while Plaintiff worked at Bethlehem Steel and the USS Semmes. (See generally ECF No. 406.) Foster Wheeler is a corporation organized in the State of New York that Plaintiff alleges manufactured, produced, and sold asbestos containing products, either directly or indirectly, in the geographical area in which the Decedent worked. (ECF No. 364 ¶ 19.) Specifically, Plaintiff alleges that the Decedent was exposed to asbestos contained in boilers that were installed at Bethlehem Steel by Foster Wheeler. (See generally ECF No. 404.)

Hajoca is a corporation organized in the State of Maine that Plaintiff alleges manufactured, produced, and sold asbestos containing products, either directly or indirectly, in the geographical area in which the Decedent worked. (ECF No. 364 ¶ 19.) Specifically, Plaintiff alleges that the Decedent was exposed to asbestos through various products that were supplied by Hajoca while the Decedent worked at Bethlehem Steel. (See generally ECF No. 401.) Grainger is a corporation organized in the State of Illinois that Plaintiff alleges manufactured, produced, and sold asbestos containing products, either directly or indirectly, in the geographical area in which the Decedent worked. (ECF No. 364 ¶ 19.) Specifically, Plaintiff alleges that the Decedent was exposed to asbestos through insulation, gaskets, packing, and rope supplied by Grainger that were used at Bethlehem Steel. (ECF No. 364 ¶ 19; see generally ECF No. 402.) II. LEGAL STANDARD A motion for summary judgment must be denied unless the moving party is able to show

“no genuine dispute as to any material fact” and that the “movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The moving party “always bears the initial responsibility” of identifying the portions of the record that “demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). A genuine dispute is defined as one in which a jury could reasonably find for the nonmoving party. See Anderson v. Liberty Lobby, Inc., 447 U.S. 242, 248 (1986). In assessing materiality, “only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Id. When the defendant moves for summary judgment, “the initial burden is on the defendant to show that the plaintiff has failed to establish one or more essential elements to her case.” Hugh

v. Butler Cty. Family YMCA, 418 F.3d 265, 267 (3d Cir. 2005). The summary judgment standard requires the court to view the evidence in the light most favorable to the non-moving party, including all justifiable inferences. Anderson, 447 U.S. at 255. However, “[t]he mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Id. at 248. If the court finds that any factual issues exist that could be reasonably resolved for either party, and thus requires the presence of a fact finder, then summary judgment must be denied. Id. at 250. III. DISCUSSION There are four motions for summary judgment before the Court. The Court will analyze each of the Motions individually and by defendant.3

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VOLLMAN v. AIR AND LIQUID SYSTEMS CORPORATION, (E.D. Pa. 2025).

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