Hawkins Parnell Secures Summary Judgment Ruling for Metal Supply Client
April 6, 2022 (Los Angeles, CA) – Hawkins Parnell & Young attorneys Kathryn S. Whitlock and Kelli K. Steele secured summary judgment on all claims for their client, thyssenkrupp Materials NA, Inc., in a wrongful death lung cancer case filed by Metzger Law Group.
Decedent was a 54-year-old machinist with a decades-long employment history at various machine shops. Plaintiffs claimed that Decedent’s work at these machine shops exposed him to a variety of substances and materials, including metals supplied by thyssenkrupp, that caused him to develop lung cancer. Kate, Bart, and Kelli were able to establish that Plaintiffs had not and could not prove that Decedent was ever exposed to a thyssenkrupp product through creative investigation and discovery. Absent that evidence, the question of whether such work could even cause lung cancer did not need to be addressed.
The court agreed with the evidence and argument presented in thyssenkrupp's motion for summary judgment, finding that it shifted the burden to Plaintiffs, and that Plaintiffs thereafter failed to meet their burden. This was a long and hard fought case with multiple parties and complexities and the client and its carriers are delighted with the outcome.