Stephens v. Union Pacific Railroad Co., No. 18-35908 (9th Cir. 2019)
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In the context of asbestos claims, the substantial-factor test requires demonstrating that the injured person had substantial exposure to the relevant asbestos for a substantial period of time. The Ninth Circuit affirmed the district court's grant of summary judgment for Union Pacific in an action brought by plaintiff, alleging that secondary exposure to asbestos exposure caused his mesothelioma. Plaintiff alleged negligence and related claims under Idaho law, stemming from his father's work at a Union Pacific roadhouse where he was exposed to asbestos and then carried the asbestos home to expose plaintiff.
The panel held that plaintiff failed to establish that he was regularly exposed to asbestos attributable to Union Pacific, and rejected plaintiff's contentions of error regarding expert testimony. Therefore, plaintiff failed to create a genuine issue of material fact on whether his secondary exposure was a substantial factor in causing his disease, and he could not prevail on his negligence claims.
Court Description: Idaho Law / Negligence The panel affirmed the district court’s summary judgment in favor of Union Pacific Railroad in a plaintiff’s action alleging that secondary exposure to asbestos exposure caused his mesothelioma, and asserting negligence and related claims under Idaho law. Plaintiff alleged that his father worked at a Union Pacific roadhouse where he was exposed to asbestos, and that his father carried the asbestos home and exposed plaintiff to asbestos. Under Idaho law, the panel held that plaintiff failed to create a genuine issue of fact on whether any asbestos exposure that may have occurred was a substantial factor in causing his mesothelioma. The panel held that in the context of asbestos claims, the substantial-factor test requires “demonstrating that the injured person had substantial exposure to the relevant asbestos for a substantial period of time.” McIndoe v. Huntington Ingalls, Inc., 817 F.3d 1170, 1176 (9th Cir. 2016). In an effort to establish causation, plaintiff relied on the testimony of two experts. The panel agreed with the district court that those opinions were insufficient. The panel held that the experts had no basis to conclude that plaintiff was exposed to asbestos with any regularity. The panel rejected STEPHENS V. UNION PAC. R.R. 3 plaintiff’s assertion that Union Pacific had waived any objection to the admissibility of one of the expert’s testimony. The panel concluded that because plaintiff failed to establish that he was regularly exposed to asbestos attributable to Union Pacific, plaintiff could not create a genuine issue of material fact whether his secondary exposure was a substantial factor in causing his disease, and he could not prevail on his negligence claim.
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