Page 29 - FDCC Insights Spring 2022

DeVries v. General Electric Company: High Praise for High Seas Bare Metal Defense Summary Judgment Award
By Evelyn Fletcher Davis
Summary
On July 7, 2021, the United States District Court for the Eastern District of Pennsylvania in the John B. Devries v. General Electric Company case granted summary judgment for two defendants based on the maritime tort bare metal defense. The ruling follows remand of the Supreme Court ruling that found a duty to warn of asbestos hazards when the manufacturer requires the asbestos-containing product, knows of the danger, and the end user will not anticipate the hazard. This decision provides a framework for defendants in future cases to argue they are not liable for asbestos- containing external insulation or replacement parts when Plaintiffs fail to establish the required methods of proof that a product “requires” an asbestos-containing part.
Evelyn Fletcher Davis
Insights SPRING2021
The Facts and Decision
As background, Plaintiffs alleged that John DeVries was exposed to asbestos while serving in the United States Navy onboard the U.S.S. Turner, a Gearing class destroyer, between 1957 and 1960. Specifically, Plaintiffs claimed Mr. DeVries was exposed to asbestos dust from insulation attached to turbines which led to his asbestos-related injury. Defendants General Electric (“GE”) and CBS Corporation (“CBS”) delivered these turbines to the shipyard in the condition commonly referred to as “bare metal,” meaning without insulation. Shipyard contractors later installed the insulation on the equipment.
GE and CBS previously received summary judgement after the District Court found they were not liable in light of the “bare metal defense.” Plaintiffs appealed, and the Supreme Court remanded the case after announcing a new test for the bare metal defense under maritime law in Air & Liquid Sys. Corp. v. DeVries, 139 S.
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