Court: Supreme Court of New York, New York County

Defendant Campbell Hausfeld LLC filed a motion for summary judgment on the basis that no Campbell product had been identified in connection with the plaintiff’s lung cancer. In support of its motion, Campbell pointed out the plaintiff’s history of cigarette smoking, and reiterated that the plaintiff could not prove exposure to asbestos from gasket replacements on its air compressors. In addition, Campbell asserted that the gaskets described by the plaintiff would not have contained asbestos.

In opposition, the plaintiff argued that Campbell manufactured air compressors that utilized asbestos-containing gaskets during the time he performed roofing work, and further, that those gaskets were consistent with the description he provided.

The court first noted that Campbell’s attention was exclusively on the plaintiff’s testimony and not on establishing a lack of causal connection between its air compressors and the plaintiff’s illness. The court further found an issue of fact with respect to whether Campbell manufactured air compressors that utilized asbestos-containing gaskets during the relevant exposure period. In addition, Campbell failed to satisfy its burden to demonstrate that its products could not have caused the plaintiff’s lung cancer. Accordingly, the court denied Campbell’s motion for summary judgment.

Read the full decision here.