McIndoe v. Huntington Ingalls Inc., No. 13-56762 (9th Cir. 2016)
Annotate this CaseAfter James McIndoe died from complications related to mesothelioma, McIndoe's legal heirs filed suit against defendants, arguing that McIndoe’s exposure to asbestos-containing materials aboard their ships contributed to his death. The district court granted defendants' motions for summary judgment. The court agreed with the district court that McIndoe’s heirs cannot sustain an action for strict products liability premised upon the notion that the warships in question are themselves “products” under maritime law. The court also concluded that, although plaintiffs have established that there was a genuine issue of fact as to whether McIndoe was exposed to asbestos-containing materials originally installed upon such ships, plaintiffs have established no genuine issue of fact regarding whether any such exposure was a substantial factor in McIndoe’s injuries. Therefore, plaintiffs cannot prevail on their general negligence claims. Accordingly, the court affirmed the judgment.
Court Description: Maritime Law / Asbestos Claims. The panel affirmed the district court’s summary judgment in favor of shipbuilders on strict products liability and negligence claims brought under federal maritime law against companies that built naval ships aboard which James McIndoe allegedly was exposed to asbestos. The panel held that the two naval warships were not “products” for the purposes of strict products liability. On the general negligence claims, the panel held that there was a genuine issue of fact as to whether McIndoe was exposed to asbestos-containing materials originally installed upon such ships, but not as to whether any such exposure was a substantial contributing factor to his injuries. 4 MCINDOE V. BATH IRON WORKS
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