“A Bucket of Water”
We tried this case for Garlock Sealing Technologies, LLC in the U.S. District Court for the Western District of Kentucky, took an adverse verdict, and argued the appeal. The U.S. Court of Appeals for the Sixth Circuit reversed the denial of Garlock’s motion for judgment as a matter of law, effectively ending the case in Garlock’s favor.
The plaintiff sued on behalf of her late husband’s estate, alleging that his work as a pipefitter with asbestos-containing gaskets made by Garlock was a substantial cause of his mesothelioma. She supported the claims with expert testimony from three witnesses, including his treating oncologist. The record showed that he had sustained far greater exposure to asbestos insulation.
The Court of Appeals determined that, as a matter of law, the plaintiff had failed to prove that Garlock’s products were a substantial cause of his mesothelioma. The Sixth Circuit’s Chief Judge, writing for the majority, explained:
On the basis of this record, saying that exposure to Garlock gaskets was a substantial cause of [her husband’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.