New Jersey and Pennsylvania Partners Prevail in Toxic Tort Case

Cherry Hill Partner Tobin A. Butler and Philadelphia Partner Anthony J. Calati obtained summary judgment at the Middlesex County Courthouse on behalf of our pump manufacturer client in a case that involved alleged asbestos exposure.

Plaintiff was an employee of a New Jersey refinery where our client’s products were present. After his employment, Plaintiff was diagnosed with lung cancer and alleged that his condition was due to asbestos exposure while he was working at the refinery. Following his cancer diagnoses, Plaintiff and his wife filed suit against our client. During deposition, Plaintiff claimed he was exposed to asbestos-containing gaskets and packing material associated with our client’s products that contributed to his cancer. Our attorneys filed a motion for summary judgment on behalf of our client claiming the products in question did not contain asbestos.

During his deposition, Plaintiff’s testimony contradicted sales records that proved the products in question did not contain any asbestos components. Plaintiffs’ counsel then demanded a deposition of our client’s corporate representative in opposition to our motion. Tobey and Anthony prepared our client’s retired global product line manager to appear for a deposition, and during his testimony he described the properties of the identified refinery products, stating none had contained asbestos.

In February 2023, the judge granted our attorneys’ motion and entered summary judgment in favor of our client.

Tobey handles environmental, toxic tort and asbestos litigation. He also handles products liability, premises liability and construction defect cases, as well as wrongful death claims and fire subrogation.

Anthony is an experienced litigation and trial attorney who is national coordinating counsel for multiple defendants in asbestos litigation. He also handles general liability claims, construction defect cases and trucking accidents.