Shiffer

BACKGROUND

Plaintiffs sued numerous entities that allegedly caused Shiffer to be exposed to asbestos, eventually resulting in his developing mesothelioma. As to defendant CBS, they alleged Shiffer was exposed to asbestos-containing materials at the Ginna power plant in Rochester, New York in the summer of 1969. Shiffer’s then employer, Pacific Gas & Electric, had sent him to Ginna in July of that year to train employees on the operation of Westinghouse equipment being installed in the plant.

1 Westinghouse had sold Ginna a turbine generator set and insulation, including blanket, block, and plastic insulation for the turbine and certain related piping, namely cross-over and cross-under piping. Westinghouse began shipping the equipment in July of 1968, a year before Shiffer arrived. Installation took place during 1968 and 1969. CBS’s person most knowledgeable for the case, Douglas Ware, conceded at his deposition that the blanket, block, and plastic insulation, including that used on cross- over and cross-under piping, contained asbestos. Reports, each labeled “Field Report, Westinghouse Form” and “Steam Service Department,” recorded progress on the installation. With respect to…