SST Wins Summary Judgment in Marion County, Indiana
Owen Blood, a partner at SST’s Chicago office, has successfully obtained summary judgment in an asbestos case case filed in Marion County, Indiana. Mr. Blood brought the motion before the Court, arguing that there was insufficient evidence that Decedent's illness was caused by his exposure to products manufactured by SST’s client. Plaintiff had presented evidence that Decedent worked with and around phenolic molding compounds such as those manufactured by the client.
Motions for summary judgment in Indiana are more difficult to obtain due to Indiana’s unique requirement that the moving party designate evidence that “affirmatively negates” the non-moving party’s claim. Here, Plaintiff’s counsel argued that the evidence presented by SST’s client to the Court did not meet the more stringent standard of “negating” the claim. After oral argument and taking the motion under advisement, the Court ultimately ruled in favor of SST’s client and granted the motion for summary judgment.
For additional information, please contact Owen Blood or James Kasper.