Tenneco Granted Summary Judgment In an Asbestos Cancer Case

Tenneco Granted Summary Judgment In an Asbestos Cancer Case

Introduction

Tenneco Automotive Operating Company Inc. (Tenneco) was granted summary judgment by the Delaware Superior Court in an asbestos lung cancer lawsuit filed by a plaintiff as an administrator of the estate of a victim.

In the lawsuit filed against Tenneco, the plaintiff alleged that her deceased husband, who worked as an auto mechanic, developed lung cancer due to exposure to asbestos from Walker mufflers while he worked at two different automotive shops between 1963 and 1965. Prior to his death, the victim had testified that the lining of Walker mufflers contained a mesh-like material that left behind dust when replaced or removed. Tenneco argued that only some of its mufflers contained asbestos and that the plaintiff failed to prove that the company's asbestos-containing products caused the victim's lung cancer. The muffler manufacturer filed a motion for summary judgment on April 10.

The court found that Tenneco made mufflers that did and did not contain asbestos; however, the victim failed to identify the product other than to claim that he worked on them. The evidence presented by the plaintiff was found to be insufficient, and accordingly, Judge Vivian Medinilla ruled in favor of Tenneco.