Hoffman v. Allied Corp.

Summary

The Eleventh Circuit reviewed a grant of summary judgment in an asbestos-related mesothelioma action against Armstrong World Industries and related defendants. The court held that affidavits concerning asbestos dust transported by air currents and workers, together with expert causation testimony, created genuine issues of material fact regarding exposure and proximate cause, and it reversed and remanded.

Holdings

1. Yes. The affidavits concerning asbestos dust drifting from the dry dock and being carried into the ordnance repair shop by workers were sufficient to create a genuine issue of material fact as to whether Hoffman was exposed to Armstrong's products.
2. No. Summary judgment was improper because a reasonable jury could conclude by a preponderance of the evidence that Hoffman was exposed to Armstrong's asbestos products and that the exposure was a proximate cause of his injury.
3. No. The district court's summary-judgment order did not reach the conspiracy claim, so that claim remained available for litigation on remand.

Questions Presented

1. Whether the evidence, viewed in the light most favorable to the plaintiffs, created a genuine issue of material fact regarding whether Milton Hoffman was exposed to Armstrong's asbestos products.
2. Whether a reasonable jury could find by a preponderance of the evidence that exposure to Armstrong's asbestos products was a proximate cause of Hoffman's mesothelioma.
3. Whether the district court properly granted summary judgment when the plaintiffs offered affidavits concerning airborne asbestos dust and contaminated workers entering the plaintiff's work area.

Disposition

reversed_and_remanded