Viale v. Air & Liquid Systems Corp

Background

Plaintiffs Debbie Viale and Amber Jacobs sued Union Carbide Corporation and other defendants. The operative complaint alleged that Ronald Viale used, handled, or was otherwise exposed to asbestos and asbestos-containing products provided or manufactured by the defendants; that he developed mesothelioma as a result; and that he died in July 2018. The opinion states that Debbie Viale and Amber Jacobs are, respectively, Ronald Viale’s wife and daughter.

The plaintiffs asserted four causes of action against Union Carbide: negligence, strict liability, false representation, and intentional tort.

Union Carbide’s Motion

Union Carbide moved for summary judgment. Summary judgment is a decision entered when the evidence shows that no genuine factual dispute requires a trial on the claim. Union Carbide argued that plaintiffs lacked evidence proving that Ronald Viale was exposed to an asbestos-containing product made by a manufacturer to which Union Carbide had supplied asbestos.

The opinion states that it was undisputed that Union Carbide began selling asbestos to manufacturers in 1963, and that those manufacturers incorporated the asbestos into various products. But Union Carbide argued that the evidence did not connect Ronald Viale to any such product.

Court’s Analysis

The court explained that a party seeking summary judgment without the ultimate burden of proving the claim at trial may meet its initial burden by showing that the opposing party lacks evidence supporting an essential element. Union Carbide submitted plaintiffs’ interrogatory responses and deposition excerpts from people identified as having knowledge of Ronald Viale’s exposure to products containing asbestos supplied by Union Carbide. After reviewing that evidence, the court found that Union Carbide had met its initial burden.

Plaintiffs then submitted more than 300 pages of documents, including interrogatory responses from other cases, deposition testimony from this and other cases, trial testimony from another case, and an expert report from this case. The court found, however, that plaintiffs did not identify—and the court did not locate—anything in those materials sufficient to create a triable factual dispute about Ronald Viale’s alleged exposure to a product containing asbestos supplied by Union Carbide.

Disposition

The court granted Union Carbide’s motion for summary judgment. The order also vacated the hearing scheduled for July 10, 2020. The opinion does not state that the ruling resolved claims against the other defendants.