Willis

Willis v. Buffalo Pumps Inc.

Good Law
34 F. Supp. 3d 1117·2014 WL 3671269·2014 U.S. Dist. LEXIS 99699
United States District Court, Southern District of CaliforniaJuly 21, 2014Case No. 12cv744 BTM (DHB)California7,458 words

Opinion

Lead Opinion

Moskowitz, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT FOSTER WHEELER’S MOTION FOR SUMMARY JUDGMENT

Defendant Foster Wheeler Energy Corporation (“Foster Wheeler”) has moved for Summary Judgment against Plaintiffs. (Doc. 229). For the following reasons, Defendant’s motion is granted in part and denied in part.

BACKGROUND

Plaintiff Donald Willis was allegedly exposed to asbestos while serving in the United States Navy between 1959 and 1980 as a result of his work with asbestos-containing products. (Doc. 291, First Amended Complaint (“FAC”) ¶ 2; exs. A, C). Defendant allegedly supplied gaskets and refractory products containing asbestos to two of the ships Mr. Willis was assigned to: the USS O’Callahan and the USS Brooke. (Doc. 272-47, Exhibit 3 to Plaintiffs Separate Statement, Federal Report In the Case of Donald Willis re: Naval Career (“Federal Réport”) § 12 at 5-6).

In 2012, Donald Willis was diagnosed with Malignant Mesothelioma-a form of cancer that can be caused by inhalation of asbestos particles. (FAC ¶ 1, 3; ex. B). Donald Willis and his wife, Viola Willis, brought suit alleging a number of claims including negligence, strict liability, false representation, intentional…

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