Lipe Lyons Murphy Nahrstadt & Pontikis Ltd. | A Chicago Civil Litigation Law Firm | <strong >Summary Judgment Entered in Favor of Product Manufacturer</strong >
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Summary Judgment Entered in Favor of Product Manufacturer

August 14, 2014

Brad Nahrstadt and Jeremy Burton recently obtained summary judgment on behalf of an automotive component part manufacturer in state court in Winnebago County, Illinois.  In this case, the plaintiff alleged that the he developed mesothelioma after he was allegedly exposed to automotive friction products.  The basis for his alleged exposure was that he worked for a company which operated a fleet of vehicles in the plant where he worked.  No witness testified that any of the manufacturer's products were present in the plant or that the plaintiff ever worked with or around the manufacturer's products.  Plaintiff offered as evidence a list of vehicles present on the site.  The list did not indicate how long any of the vehicles were owned, nor did it indicate that any maintenance was performed on those vehicles.  The plaintiff's counsel also obtained evidence that the defendant manufacturer made products which could have fit the vehicles on the list.  Plaintiff's counsel advanced market-share and fiber-drift theories to allege that it was more likely than not that the defendant’s products were present and that dust from those products could have spread throughout the plant where the plaintiff worked.  The court granted the defendant's motion finding the plaintiff's evidence too speculative.