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Tuesday, February 23, 2010

Crane Co. Must Face Trial Over Risk Of Asbestos Exposure From Valve Insulation, Gaskets and Discs

A N.Y. court has denied Crane Co.’s request for a ruling that it was not liable for component parts with asbestos that may have been used on its own products and said under N.Y. case law Crane Co. had a duty to warn users of the risks associated with these products.

In denying Crane Co.'s motion for summary judgment, the New York Supreme Court ruled that Crane built its products in a manner that required exterior insulation, making exposure to asbestos, which is often used for insulation, a foreseeable risk. The ruling allows the claims against Crane Co. to proceed toward a trial.

Other state courts have ruled a manufacturer cannot be held liable for products it did not manufacture or supply. But the New York trial court ruled “it is well established in New York law that ‘[a] manufacturer has a duty to warn against latent dangers resulting from foreseeable uses of its products of which it knew or should have known.’”

Crane admitted in court documents that some of its valves had asbestos gaskets, packing or discs. That raised a question of fact for a jury regarding asbestos exposure, the court said.

Richard M. White and Seth A. Dymond of Belluck & Fox LLP in New York successfully opposed the summary judgment motion by Crane Co.

Belluck & Fox LLP is a nationally recognized law firm that represents individuals with asbestos and mesothelioma claims. Belluck & Fox prosecutes mesothelioma cases in New York City and in every county in New York State and has obtained more than $220 million in compensation for its clients and their families.

Full newspaper article-
N.Y. Court Allows Claims to Proceed, Rejects Component Parts Argument

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