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Jessica Prosperi

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For more than a decade, Jessica has represented clients in a wide range of product liability, toxic tort and premises claims. She has defended complex toxic tort claims (asbestos, silica and environmental tobacco smoke) including Federal Employers Liability Act (FELA) matters – conducting extensive discovery, drafting pleadings and serving on trial and appellate teams.

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The Iowa Court of Appeals recently affirmed summary judgment for both a premises owner and an installer of asbestos products pursuant to Iowa Code 686B.7(5) (2017), which provides that a defendant in an asbestos action “shall not be liable for exposures from a product or component part made or sold by a third party.”  Beverage v. Alcoa, Inc., No. 19-1852, slip op. (Iowa Ct. App. March 17, 2021).  The Plaintiffs brought suit on behalf of Mr. Beverage, who worked as an independent contractor at an Alcoa aluminum plant around asbestos-containing insulation installed by IITI.  Alcoa and IITI, the only two defendants, filed motions for summary judgment claiming that Section 686B.7(5) provided them with immunity from Plaintiffs’ lawsuit.  The district court granted both Alcoa and IITI’s motions for summary judgment.  On appeal, Plaintiffs argued that the district court erred in granting immunity to Alcoa and IITI by incorrectly interpreting Section 686B.7(5).

Specific causation in an asbestos matter was addressed in a recent decision by the First Department of the New York Supreme Court. Notably, the decision is the first time an appellate court in New York affirmed a jury verdict in a case where a plaintiff’s mesothelioma was caused by alleged asbestos-containing talcum powder. This decision should have limited, if any, implication on national toxic tort litigation because of the distinct facts relating to the case, however, an analysis of the case can provide valuable lessons for defendants preparing for trial.

Industrial Boiler
Manufacturers can be held liable for third-party parts used in equipment like the industrial boiler seen here.

In June, the New Jersey Supreme Court affirmed a 2018 Appellate Division ruling holding that manufacturers and distributors can be held strictly liable for damages caused by third party replacement parts containing asbestos.

Courtroom

On January 3, 2020, in Mary Ellerbrock, Individually, and as Special Administrator of the Estate of Alex Kaszynski, Deceased, v. A.O. Smith Corp., et. al. (case No. 18-L-1434), the Third Judicial Circuit Court in Madison County, IL, denied defendant PW Power Systems’ (“PW”) motion to transfer based on forum non conveniens. In this asbestos case, premises Defendant PW sought to have the case moved from Madison County, IL to LaSalle County, IL. In denying PW’s motion, the Court referenced the Supreme Court’s decision in Fennell v. Illinois Central R.R. Co., emphasizing “[t]he defendant must show that the plaintiff’s chosen forum is inconvenient to the defendant and that another forum is more convenient to all parties.” 2012 IL 113812, ¶ 6. The Court’s reliance on Fennell for support that all defendants must join the motion is misplaced given that Fennell involved only one defendant.