4th Cir. Upholds Award of Summary Judgment to Vanderbilt in Asbestos Case

RICHMOND, Va. — A 4th Circuit U.S. Court of Appeals panel has upheld an award of summary judgment to R.T. Vanderbilt Holding Company Inc., ruling the plaintiffs failed to present sufficient evidence that the decedent’s mesothelioma was caused by her exposure to defendants’ asbestos-containing products.

In an April 11 opinion, the panel agreed with the lower court that plaintiff failed to satisfy the “frequency, regularity and proximity” test in Lohrmann v. Pittsburgh Corning Corp., 782 F.2d 1156, 1162 (4th Cir. 1986).

Specifically, the plaintiff did not introduce “evidence of exposure to a specific product on a regular basis over …