Asbestos MDL Judge Declines to Dismiss Negligence Claims Against Shipbuilder Defendant; Throws Out Strict Product Liability Claims

PHILADELPHIA –– An asbestos plaintiff’s negligence claims against a shipbuilder can proceed, the national Asbestos Products Liability Multidistrict Litigation judge has ruled, since the plaintiff has presented evidence that the defendant knew asbestos hazards were present on the ship and failed to warn.

In the Jan. 29 opinion, the U.S. District Court for the Eastern District of Pennsylvania did dismiss the plaintiff’s strict product liability claims, maintaining its position that a ship is not a product under that law.

Plaintiff Jerry Salisbury contends that while serving in the U.S. Navy from 1957 to 1979, he was exposed to asbestos-containing …