Connor v. Covil Corp., No. 19-1015 (4th Cir. 2021)
Annotate this Case
After Charles F. Connor died at the age of 90 of mesothelioma, his son brought a wrongful death action against 22 named defendants. Plaintiff alleges that defendants wrongfully caused Mr. Connor to become exposed to asbestos and develop his fatal mesothelioma cancer. This appeal involves only Covil, a manufacturer and supplier of asbestos insulation. Plaintiff contends that Mr. Connor was exposed to Covil's asbestos products during his time as an employee at Fiber Industries, a polyester production company whose facility contained piping that was wrapped in Covil-supplied asbestos.
The Fourth Circuit affirmed the district court's grant of summary judgment in favor of Covil, agreeing with the district court that plaintiff failed to demonstrate that Mr. Connor was sufficiently exposed to Covil's asbestos to create a genuine dispute regarding causation. The court explained that, under North Carolina law, a plaintiff must prove that defendant's alleged misconduct was a substantial factor causing plaintiff's injury. Even assuming, without deciding, that the nature of the underlying disease is relevant to the application of the frequency, regularity, and proximity test, the court concluded that plaintiff has not produced sufficient evidence to create a genuine dispute of fact regarding Mr. Connor's exposure to Covil's asbestos products. Furthermore, because the record demonstrates that Mr. Connor was exposed to comparatively little asbestos at Fiber Industries versus his asbestos exposure at Norfolk Southern, plaintiff cannot establish more than a mere possibility that Covil's asbestos products were a substantial cause of Mr. Connor's mesothelioma.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.