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Torts Keyed to Goldberg
Wannall v. Honeywell International, Inc.
Facts
Bendix’s, a company that manufactures and sell vehicle brakes and component parts, brakes contained asbestos fibers, a carcinogenic substance that is directly linked to mesothelioma. Mesothelioma a deadly type of cancer.John Tyler claim she was prolonged exposure to the asbestos-laden brakes when he was working as a brake repairman. Due to the prolonged exposure to the brakes, Tyler claims he developed mesothelioma. Honeywell, the predecessor to Bendrix, removed the action to federal district court. Thereafter, Tyler died. Nonetheless, Stephen Wannall, the executor of Tyler’s estate, continued to bring suit for Tyler and his wife.Notably, Tyler was previously working with asbestos products when he was in the United States Navy and when he worked at Fort Belvoir in Virginia. Wannall presented Dr. Steven Markowitz, an expert, to testify that Tyler’s exposure to asbestos at all three locations was sufficient to create his mesothelioma. Honeywell motioned for summary judgment, and the district court denied the motion on the grounds that Tyler’s exposure to the brakes was a substantial factor that contributed to the development of mesothelioma. At this moment, the Virginia Supreme Court decidedFord Motor Co. v. Boomer, which abolished the substantial-contributing-factor test for a proximate cause determination. 736 S.E.2d 724 (Va. 2013). As a result of the court’s decision, Dr. Markowitz filed a declaration offering four additional opinions. One the Dr. Markowitz’s opinions were that Tyler’s exposure to asbestos at each workplace independently and sufficiently caused his mesothelioma. Thereafter, Honeywell’s motion to strike Dr. Markowitz’s declaration as untimely, and another motion for summary judgment.
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