Judgment Reversed for Lack of Causation Proof

We represented Garlock Sealing Technologies, LLC in an appeal of a judgment against Garlock entered by the US District Court in Louisville, Kentucky.  The United States Court of Appeals for the Sixth Circuit reversed the judgment and effectively rendered judgment against the plaintiff in Garlock’s favor.

The plaintiff, Olwen Moeller, individually and as executrix for the estate of Robert L. Moeller, sued Garlock alleging Mr. Moeller’s work as a pipefitter with asbestos-containing gaskets made by Garlock were a substantial cause of his mesothelioma. Plaintiff supported her claims with expert testimony from Arthur Frank, MD, Richard Hatfield, and one of Mr. Moeller’s treating oncologists, Charles Webb, MD.

The Court of Appeals determined that the plaintiff had failed to prove that Garlock’s products were a substantial cause of Mr. Moeller’s mesothelioma as a matter of law. The Chief Judge for the Sixth Circuit, writing for the majority, explained:

On the basis of this record, saying that exposure to Garlock gaskets was a substantial cause of Robert’s mesothelioma would be akin to saying that one who pours a bucket of water into the ocean has substantially contributed to the ocean’s volume.

Read the Opinion here.