Phillips et al v. Albany International Corporation et al

Filing 297

JUDGMENT in favor of Defts Pneumo Abex, LLC and Reddaway Manufacturing Co., Inc. against Pltfs Erik Ross Phillips and Tina Landers; this action is DISMISSED WITH PREJUDICE, and Defts shall recover their costs of the action from the Pltfs. Signed by District Judge Martin Reidinger on 10/2/15. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10-cv-262-MR
ERIK ROSS PHILLIPS and
TINA LANDERS, spouse,

)
)
)
Plaintiffs,
)
)
vs.
)
)
PNEUMO ABEX LLC and
)
REDDAWAY MANUFACTURING
)
CORPORATION, INC.,
)
)
Defendants.
)
________________________________ )

JUDGMENT

THIS MATTER came on for trial and was heard by the undersigned
judge, and a jury was duly empaneled and has answered the issues
presented as follows:
1.

Did Plaintiff Eric Ross Phillips, in proximity to his work

environment, have frequent and regular exposure to an asbestos-containing
brake lining product of Defendant(s)?
ANSWER:
As to Defendant Pneumo Abex LLC: -- YES
As to Defendant Reddaway Manufacturing Corporation, Inc.: -- YES

2.

Was the Plaintiff Erik Ross Phillips injured as a proximate result

of any negligence on the part of the Defendant(s) in providing the warnings
for the brake lining product at issue?
ANSWER:
As to Defendant Pneumo Abex LLC: -- YES
As to Defendant Reddaway Manufacturing Corporation, Inc.: -- NO

3.

Did any negligence on the part of some third party serve to be a

superseding or intervening cause of any injury on the part of the Plaintiff Erik
Ross Phillips?
ANSWER: YES

4.

Did some third party alter or modify the Defendants’ brake lining

product after it left the Defendants’ control proximately causing any injury to
Plaintiff Erik Ross Phillips?
ANSWER: N/A

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5.

What amount of damages, if any, is Plaintiff Erik Ross Phillips

entitled to recover for his injury as a direct result of the actions of
Defendant(s)?
ANSWER:
As to Defendant Pneumo Abex LLC: N/A
As to Defendant Reddaway Manufacturing Corporation, Inc.: N/A

6.

What amount of damages, if any, is Plaintiff Tina Landers entitled

to recover for her loss of consortium as a direct result of the actions of
Defendant(s)?
ANSWER:
As to Defendant Pneumo Abex LLC: N/A
As to Defendant Reddaway Manufacturing Corporation, Inc.: N/A

Based on the foregoing facts as found by the jury, the Court concludes
as a matter of law that the Defendants Pneumo Abex LLC, and Reddaway
Manufacturing Corporation, Inc., are not liable for the injuries of the Plaintiffs.

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IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that
the Plaintiffs shall have and recover nothing from the Defendants in the form
of damages.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this
action is hereby DISMISSED WITH PREJUDICE in its entirety, and the
Defendants shall recover their costs of the action from the Plaintiffs.
IT IS SO ORDERED.

Signed: October 2, 2015

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