Healy v. Owens-Illinois, et al.

Jul 15, 2005

OUTCOME: Motion for summary judgment granted and upheld on appeal

This matter involved a plaintiff afflicted with asbestosis, an illness directly associated with exposure to asbestos dust. I represented the primarily defendant Owens-Illinois which was alleged to have ... manufactured the product Mr. Healy was primarily exposed to. What made this case unique and noteworthy was that Mr. Healey never worked in an industry where workers were exposed to asbestos. Instead, this matter was a "secondary-exposure" case wherein he contended that his illness developed because of his extremely tight living quarters with his father and brothers, who themselves worked in such industries and that the dust and debris they brought home each day was just as lethal as direct exposure. I deposed Mr. Healy for video testimony to be used in lieu of his appearance at trial as his health was failing. I was later involved in drafting the dispositive motion declaring that the statute of limitation had expired for his claim. The motion was granted and upheld during the appeal where I wrote the brief and presented the oral argument.