Unintentional Tort Research Summary Assignment (Other (Not Listed) Sample)

Case Summary Student’s First Name, Middle Initial(s), Last Name Institutional Affiliation Course Number and Name Instructor’s Name and Title Assignment Due Date Case Summary The case I choose here is “Unintentional Tort Case: Air and Liquid Systems Corp. v. Devries” available in the link https://www.oyez.org/cases/2018/17-1104. The case was granted on May 14th, 2018, argued on October 10th, 2018, and decided on March 19th, 2019. The plaintiff was Roberta Devries, administratrix of the estate of John Devries. The complaint was that the widows of two US Navy sailors, Roberta G. Devries and Shirley McAfee claim that they developed cancer after being exposed to asbestos while working on Navy ships and in a naval shipyard. They sued a number of suspects, including who made the product and sent without any asbestos-containing insulation. The plaintiffs filed case in state court, claiming carelessness and strict liability. The defendant manufacturers filed a motion for summary judgment based on the bare metal defense, claiming they could not be held accountable for the sailors' injuries because their products were transported in bare metal form. Both the negligence and strict responsibility allegations were given summary judgment by the district court. The plaintiffs appealed, and the Third Circuit remanded, instructing the district court to address the plaintiffs' negligence claims more clearly, as well as explain whether it was applying the bright-line rule rather than the fact-specific rule that can be relevant to the bare metal defense, and which circuits are split. However, the plaintiffs filed another appeal, but the Third Circuit dismissed their strict responsibility arguments since they had been abandoned. As a result, it upheld the district court's decision in favor of the defendants' summary judgment on strict responsibility. The Third Circuit overturned the summary judgment on the negligence claim, saying that maritime law principles allow a bare-metal product manufacturer to be held accountable for asbestos-related injuries that are reasonably foreseeable due to the manufacturer's acts. In reaching this conclusion, the appellate court used the fact-specific test of the bare metal defense instead of the bright-line rule. The defendant was the Air and Liquid Systems Corp, et al. On the other hand, the defendant was Roberta G. Devries, Administratrix of the estate of John DeVries, ...