Viking Pump Inc. is asking a North Carolina federal judge to dismiss a lawsuit brought by a former DuPont employee who claims his mesothelioma was caused by exposure to asbestos in DuPont machinery. Viking Pump says the plaintiff, Augustus Adams, never showed he was exposed to any Viking-made asbestos products while employed by the DuPont plant at Kinston, North Carolina.
Legal Arguments and Precedents Cited
As Viking points out in their summary judgment motion on Friday, Adams wasn’t able to specifically name any Viking equipment with asbestos or even name any pump manufacturer at DuPont.
They further explained that they purchased asbestos-containing gaskets and packing for its pumps but that no one ever provided a connection between the material and Adams’ exposure.
Viking’s argument also invoked the Fourth Circuit’s decision in Lohrmann v Pittsburgh Corning Corporation, which holds that plaintiffs must show “a substantial degree of frequency, regularity, and proximity” of exposure to asbestos-containing products, and held that Adams’ claims fail this “substantial factor” test of causation in asbestos-related disease cases.
‘None of the plaintiff’s witnesses could say when or how Adams might have come into contact with Viking pumps or their components at the plant,’ the memorandum said. Viking argues that just the presence of their machinery at the DuPont facility without any actual exposure, is not up to the legal standard of proof that was put forward in the Lohrmann case.
Viking Pump Faces More Lawsuits
The lawsuit is one of several Viking Pump is bringing against Dow Chemical Co. and Fluor Enterprises Inc. in connection with asbestos exposure at DuPont. Adams and another plaintiff sought to merge the cases but were rejected by U.S. District Judge Richard E Myers II, who claimed the fusion would mislead the jury and bias them because each plaintiff’s situation was so different.
