Strobel

I. BACKGROUND

A. Doug Strobel’s History of Using JBP Starting shortly after his birth in 1951, Doug Strobel’s mother regularly used JBP when diapering him as an infant. As a young boy, Doug developed what would become a lifelong habit of applying JBP on himself, coating his feet in it and dumping it in his shoes after little league baseball practice to reduce odor. When he applied JBP to his feet in this way, a cloud of it would arise around him. Doug continued this habit as he grew older, applying JBP to his feet two to three times a week for nearly six decades, until 2014. Every two months or so, his wife, Jo Ann, routinely bought containers of JBP for Doug’s use, as his mother had done when he was a boy. One of the Strobels’ experts testified that, over the course of his lifetime, Doug Strobel used at least 338 containers of JBP. While none of this is disputed, whether asbestos was present in JBP during the six-decade exposure period is a matter of sharp dispute.

2 B. Whether JBP Was Contaminated with Asbestos: The State of the Evidence on Summary Judgment The Strobels were unable to produce any containers of the JBP that Doug Strobel actually used or to arrange for testing…