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DeLisle v. Crane Co.

Supreme Court of Florida

October 15, 2018, Decided

No. SC16-2182

Opinion

 [*1221]  QUINCE, J.

Richard DeLisle seeks review of the decision of the Fourth District Court of Appeal in Crane Co. v. DeLisle, 206 So. 3d 94 (Fla. 4th DCA 2016), on the ground that it expressly and directly conflicts with a decision of this Court on a question of law.1 We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

The facts of this case were described in the Fourth District's opinion as follows:

After developing mesothelioma, DeLisle filed a personal injury action against sixteen defendants, claiming that each  [*1222]  caused him to be exposed to asbestos. He alleged negligence and strict liability under failure-to-warn and design-defect theories. Of these defendants, DeLisle proceeded to trial only against Crane, Lorillard Tobacco Co., and Hollingsworth & Vose Co. ("H & V").

At trial, DeLisle presented evidence that he was exposed to asbestos fibers from sheet gaskets while working at Brightwater Paper Co. between 1962 and 1966. Crane, a valve and pump manufacturer, used "Cranite" sheet gaskets containing [**4]  chrysotile asbestos fibers. DeLisle also testified that he smoked Original Kent cigarettes with asbestos-containing "Micronite" filters from 1952 to 1956. These cigarettes were produced by Lorillard's predecessor, and the filters were supplied by a former subsidiary of H & V. The filters contained crocidolite asbestos. In addition to Cranite gaskets and Kent cigarettes, DeLisle testified that he was exposed to asbestos-containing products from the following nonparty defendants: Garlock Sealing Technologies, LLC; A.W. Chesterton Co.; Ford Motor Co.; Honeywell International, Inc., f/k/a Allied Signal, as successor in interest to Allied Corp., as successor in interest to The Bendix Corp.; Georgia-Pacific LLC, f/k/a Georgia-Pacific Corp.; Goulds Pumps, Inc.; Union Carbide Corp.; Brightwater; and Owens-Corning Fiberglass.

Lorillard contested DeLisle's use of Kent cigarettes. DeLisle testified that he smoked on average a pack of Kent cigarettes a day from junior high school until he enlisted in the army in 1957. Two of his high school friends, however, did not recall him smoking, and his former wife testified that by the late 1960's, DeLisle was only smoking unfiltered cigarettes.

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258 So. 3d 1219 *; 2018 Fla. LEXIS 1883 **; 43 Fla. L. Weekly S 459; 2018 WL 5075302

RICHARD DELISLE, Petitioner, vs. CRANE CO., et al., Respondents.

Subsequent History: Rehearing denied by Delisle v. Crane Co., 2018 Fla. LEXIS 2390 (Fla., Dec. 6, 2018)

On remand at, Remanded by Crane Co. v. Delisle, 2019 Fla. App. LEXIS 1598 (Fla. Dist. Ct. App. 4th Dist., Feb. 6, 2019)

Prior History:  [**1] Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions. Fourth District - Case Nos. 4D13-4351 and 4D14-146 (Broward County).

Crane Co. v. Delisle, 206 So. 3d 94, 2016 Fla. App. LEXIS 16761 (Fla. Dist. Ct. App. 4th Dist., Nov. 9, 2016)

CORE TERMS

evidence code, expert testimony, scientific, courts, reliable, cases, trial court, rules of evidence, asbestos, novel, scientific evidence, principles, trial judge, causation, products, tested, revised, cigarettes, infringe, general acceptance, admitting, hearings, parties, rights, relevant scientific community, rule making authority, rules of procedure, mesothelioma, concurs, costs

Governments, Courts, Rule Application & Interpretation, Criminal Law & Procedure, Trials, Defendant's Rights, Right to Confrontation, Evidence, Admissibility, Expert Witnesses, Daubert Standard, Constitutional Law, Separation of Powers, Legislation, Effect & Operation, Amendments