Summary Judgment Awarded To Nissan In An Asbestos Case

Summary Judgment Awarded To Nissan In An Asbestos Case

Introduction

Last week, the New York Supreme Court for New York County awarded summary judgment to the defendant, Nissan North America, Inc. (NNA), in an asbestos case after finding that the evidence did not support the asbestos exposure allegations.

According to the lawsuit filed, the decedent worked as a mechanic on Nissan branded vehicles at various service stations throughout the 1970s. The decedent died in 2012 due to lung cancer, for which allegations were made on Nissan, stating that exposure to asbestos from the manufacturer's brakes throughout his career was the reason for his lung cancer.

The defendant filed a motion for summary judgment, arguing that the plaintiffs failed to prove that the decedent’s lung cancer was caused due to products manufactured by NNA.

In its motion, the defendant noted that it did not make any changes to the vehicles until after the decedent’s alleged time of exposure. An affidavit of former Director of Product Safety, Environmental was also attached to the motion as a supporting document, which stated that NNA did not distribute Nissan branded vehicles until 1983.

The court agreed to the defendant's arguments that Nissan vehicles did not exist in the U.S. in the 1970s and hence is not responsible for the decedent’s injury. The defendant made a prima facie showing of entitlement to judgment as a matter of law, and the responsibility shifted to the plaintiffs to establish an issue of fact.

The plaintiffs raised an opposition, stating that their motion is based on gaps in testimony, and the defendant's counsel should have filled those gaps by questioning the decedent during his deposition.

The court stated that it did not find any gap in the testimony of the decedent, as he was asked to identify other brands and models of vehicles distributed by NNA. As the plaintiffs’ opposition failed to raise an issue of fact, the court granted summary judgment to NNA.

In the U.S., the earliest known asbestos-related lawsuit was filed by a woman in 1929 in the Newark (NJ) Federal Court. Along with her, at least 15 other individuals with asbestos-related claims were trying to get compensation. Unfortunately, the woman's lawsuit was thrown out in 1934, but it brought forth the wave of many such lawsuits. One of the biggest companies targeted by these lawsuits was Johns-Manville Corporation, which filed for bankruptcy in 1982.

Asbestos MDL No. 875 was created in 1991 in the Eastern District of Pennsylvania and is one of the largest and longest-lasting MDL.