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Garlock Sealing Technologies11/4/2005
I.
The primary issue that we consider in this appeal is whether federal maritime principles apply to plaintiff's cause of action against a manufacturer of products used during the construction and repair of submarines situated in navigable waters.
II.
Zebulon A. Little, Jr., filed his motion for judgment against Garlock Sealing Technologies ("Garlock Sealing") and 14 other defendants. Plaintiff alleged in his motion that he was exposed to asbestos contained in products manufactured by Garlock Sealing and that he contracted mesothelioma as a result of such exposure. Little died before trial and his action was revived as a wrongful death action by the executor of his estate, hereinafter referred to as plaintiff.
Prior to trial, plaintiff settled, nonsuited, or dismissed his claims against all defendants except Garlock Sealing. Plaintiff proceeded against Garlock Sealing, the sole defendant.
Plaintiff presented the following evidence at a jury trial. Little began work as a machine installation worker at the Newport News Shipbuilding and Drydock Company in April 1961. He left his employment at the Newport News Shipbuilding and Drydock Company in December 1963 and served in the United States Marine Corps. He returned to the Newport News Shipbuilding and Drydock Company in February 1968 and resumed his duties as a machine installation worker.
Little performed repairs on submarines, and he worked on construction of submarines that were located on the navigable waters of the James River. The submarines were moored to the piers owned by the Newport News Shipbuilding and Drydock Company. He worked for almost a year on a project that overhauled the submarine named the Shark. He also performed work on the following vessels: the Henry Clay, the John Marshall, the Sam Houston, the Sam Rayburn, the Hunley, and the Thomas Jefferson.
Little installed and repaired valves and replaced packing in valves to prevent or repair leaks. He also installed and replaced gaskets on flanges. A flange is a connection between two sections of pipe, and a gasket is used to seal that connection.
On a daily basis, Little constructed gaskets from sheets of gasket material by cutting the material to a desired size with a knife or saw, punching holes in the gaskets, and grinding the edges of the gaskets. The creation of the gaskets created visible airborne dust that contained asbestos. This dust covered Little's hands and clothing, and he inhaled asbestos-laden dust. Garlock Sealing manufactured the material that Little used to create the gaskets.
Little was also exposed to asbestos when he repaired or replaced gaskets or packing. He removed asbestos pipe covering that was attached to valves or flanges. The removal of these materials, which were not manufactured by Garlock Sealing, caused Little to be exposed to asbestos dust.
Little contracted mesothelioma, which is a fatal form of cancer in the lining of the lungs or stomach. Mesothelioma is "a signal tumor" for asbestos exposure, and there is "virtually no other cause of mesothelioma." Mesothelioma has a latency period of 15 to 50 years or more following the first exposure to asbestos fiber.
Even though Garlock Sealing was the only defendant at trial, Garlock Sealing presented evidence that Little had been exposed to asbestos contained in products that had been manufactured or distributed by other entities. Garlock Sealing, over plaintiff's objection, requested that the jury apportion damages among several entities that had manufactured products that contained asbestos that Little may have encountered when he worked on submarines, including th
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