OTGB won summary judgment for our client in the Estate of Clarence Hardy matter filed in McLean County, Illinois. Plaintiff alleged his mesothelioma was caused by exposure to our client’s products while employed at the Puget Sound Naval Shipyard. Plaintiff elicited testimony from a co-worker that identified our client on board several ships that were allegedly in the shipyard. OTGB presented evidence that the co-worker was factually incorrect. The evidence included that the co-worker was in fact not at the shipyard at the same time as Plaintiff and that the ships identified were not at the shipyard during the time frame the co-worker testified to being there.
Plaintiff argued it was a question of fact for the jury to decide. Judge Rebecca Foley disagreed and ruled with OTGB’s position that there was lack of product identification and granted summary judgment.
Plaintiff was represented by the Wylder, Corwin, Kelly LLP law firm.