Lee v. Clark Reliance Co. CA2/3

INTRODUCTION

Plaintiff Mary Lee appeals from the judgment against her entered after the trial court granted the motion for summary judgment brought by defendant Clark Reliance Corporation (Clark), a successor-in-interest to Jerguson Gage & Valve Company (Jerguson). In her lawsuit, plaintiff alleged that her husband, decedent Richard Lee, was exposed to asbestos while serving on the USS Eversole where he removed and replaced gaskets on Jerguson boiler sight-glass gauges.1 Clark‟s motion for summary judgment demonstrated that plaintiff was unable to establish the essential element of causation because she had no evidence that Lee was exposed to an asbestos-containing gasket manufactured or supplied by Jerguson. We hold there is no dispute of material fact with the result the trial court properly granted summary judgment. Accordingly, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

As a seaman, Lee boarded the USS Eversole, a destroyer, around April 1953 and served there for three and a half years. Lee initially served as a fireman apprentice, then as a fireman, and was finally promoted to Boiler Tender Third Class. Lee associates Jerguson with boiler sight glass gauges…