Foster Wheeler LLC failed to shake asbestos exposure claims by the estate of a shipyard worker who allegedly worked in close proximity to the company’s boilers.
Because the ships were new when machinist Robert Hilt worked in the boiler rooms, the estate’s claim that he was exposed to the original asbestos-containing materials in the boilers, rather than third-party replacement parts is reasonable, the court said.
The company argued that the estate failed to show a “regular, frequent or systemic exposure” to its products, and that it can’t be held liable for injuries from component parts manufactured by others—known as the “bare metal defense.”
Hilt worked as a machinist at Hunters Point Naval Shipyard in San Francisco from 1965 until 1972.
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