In Re: Asbestos Prods. Liability Litig.

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From approximately 1953-1999, Frankenberger worked as a pipefitter at various facilities in Illinois and Indiana. In 1996, Frankenberger was diagnosed with a lung condition consistent with asbestos-related pleural disease. He was diagnosed with lung cancer in 2004, and died from the disease in 2005. A medical expert determined Frankenberger’s lung cancer was caused, at least in part, by his exposure to asbestos. Frankenberger’s estate alleged his asbestos exposure occurred as a result of his work in the State Line, Romeoville, and Acme facilities, and his exposure to asbestos-containing: turbines and switchgears. Both pieces of equipment were manufactured and maintained by Westinghouse, a predecessor to CBS. The district court granted CBS summary judgment. The Third Circuit reversed in part, agreeing that Frankenberger’s turbine-related claim failed to demonstrate CBS was a cause of his asbestos exposure, but disagreeing with the conclusion that the switchgear-related claim is deficient. Unlike his turbine-related claim, Frankenberger’s switchgear-related claim relies on specific evidence Westinghouse switchgears were likely to contain asbestos that resulted in respirable dust. View "In Re: Asbestos Prods. Liability Litig." on Justia Law

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