Ala. Court Denies Motion to Dismiss Claims; Says Defendant Failed to Show that Plaintiff Couldn’t Prove Exposure to Asbestos in Engines

MOBILE, Ala. –– An asbestos defendant has failed to have claims asserted against it thrown out on the ground that they are barred by the bare metal defense, with a federal court ruling that the company had failed to show that the plaintiff could not prove exposure to asbestos in the original engines.

In the Aug. 4 opinion, the U.S. District Court for the Southern District of Alabama did warn the plaintiffs, however, that they will still bear the burden of showing that the decedent was exposed to asbestos original to the engines in question at trial.

The plaintiffs contended …