Wannall v. Honeywell International, Inc.

Facts

The decedent died on July 28, 2010, from malignant pleural mesothelioma. P claims that the lung cancer was caused by exposure to chrysotile asbestos fibers contained in automobile brakes manufactured by Bendix Corporation. The decedent was not licensed as a mechanic, but 'did work on automobiles for [himself], [his] family and the neighborhood whenever they asked [him] to do it,' which included 'changing batteries, changing starter motors, generators, alternators, tires and brakes.' Decedent testified in his de benne esse deposition that he filed and beveled 'hundreds and hundreds' of Bendix brake shoes in his lifetime. Decedent was also exposed to asbestos when he served in the Navy and when he worked as a trades helper at Fort Belvoir in Fairfax County, Virginia. There are at least three potential causes of the decedent's cancer: The Naval exposure, The Fort Belvoir exposure, and The Bendix brake exposure. On January 10, 2013, after this case was remanded to this Court, the Virginia Supreme Court decided Boomer. The similarity between Boomer and the instant case is, therefore, self-evident. The court rejected the 'substantial contributing factor' instruction and also held that a plaintiff could still recover from a defendant in a multiple-exposure asbestos case if the plaintiff could prove 'that a negligent [asbestos] exposure was more likely than not sufficient to have triggered the harm. D now argues that summary judgment is appropriate in light of Boomer because P 'has failed to provide any specific evidence that [the decedent]'s alleged exposure to Bendix brakes . . . was a sufficient cause of his injury.'

Issues

Rule of Law

Holding and Decision

Legal Analysis

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