Segal McCambridge attorneys, Jason Kennedy and Jill Felkins, have filed an Amicus Curiae brief with the Indiana Court of Appeals on behalf of the Indiana Manufacturers Association in a wrongful death case where plaintiff claimed her husband died from lung cancer as a result of inhaling asbestos fibers while performing construction work at factories, schools, power stations, hospitals and other facilities in Indiana.
Mr. Elbrink was a sheet metal worker with an 80-pack-per-year history of cigarette smoking who spent his entire career working with and around insulation materials and alongside other trades who worked with various asbestos-containing materials.
The defendants raised arguments based on "no duty" and others raised the Indiana Construction Statute of Repose issue. All defendants on appeal were granted summary judgment. The Amicus Curiae brief explains the history of asbestos litigation as well as a discussion of the knowledge of various trade unions. Finally, the brief argues for the application of existing causation standards to asbestos cases.
To view the Amicus Curiae brief, please click here.