William Ollerton v. National Steel and Shipbuilding Company

Good Law
United States District Court, Central District of CaliforniaApril 14, 20232:23-cv-01267California7,195 words

Opinion

Trial Court Opinion

I. BACKGROUND

Plaintiff filed a complaint on January 12, 2023, in Los Angeles Superior Court against NASSCO and 19 other non-removing Defendants. (Notice of Removal (“NOR”) (Docket No. 1), Ex. 1 (Complaint)). The Complaint does not do much to specify the precise allegations against each Defendant. However, the Court summarizes the allegations against Defendant NASSCO to the extent they can be discerned. Plaintiff was allegedly exposed to asbestos during his time as a Machinist Mate in the U.S. Navy. (Complaint ¶ 7). Relevant to this Motion, Plaintiff alleges that he was negligently exposed to asbestos aboard the USS Duluth while it was undergoing repairs at Defendant’s shipyard in California between 1976 and 1978. (Id.). Plaintiff alleges that during his service in the Navy aboard the USS Duluth he “used, handled, or was otherwise exposed to asbestos, asbestos-containing products and/or products designed to be used in association with asbestos products,” and that “by design [] normal use and operation[, such products] directly created, generated, released and exposed [Plaintiff] to asbestos-containing dust, debris, fiber.” (Id.). Plaintiff alleges that this exposure to…

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