Timothy Murphy v. Viad Corporation

I. BACKGROUND

Plaintiff enlisted in the United States Navy in 1964. (ECF No. 8, PageID.94.) One year later, he was assigned to work aboard the USS Frank E. Evans (“Evans”), which was moored in Long Beach, California, at the Long Beach Naval Shipyard. (Id.; ECF No. 14, PageID.383–84.) Plaintiff served as a machinist’s mate aboard the Evans, where he operated, maintained, and repaired two freshwater distilling plants, which produced freshwater from seawater. (ECF No. 8, PageID.94–95.) These distilling plants were installed on the Evans in approximately 1944, before Plaintiff began his military service. (Id., PageID.92.) In the course of his duties between approximately August 13, 1965, and December 11, 1968, Plaintiff frequently removed and replaced various parts on these distilling plants. (Id., PageID.95–97.) The distilling plants’ parts contained a significant amount of asbestos, and his repairs often “created . . . visible clouds of asbestos dust,” which Plaintiff often inhaled. (Id., PageID.97–98.) In 2017, Plaintiff began suffering from shortness of breath, coughing, fatigue, and

an upper respiratory infection. (Id., PageID.98.) On March 20, 2018, he was diagnosed with…