Date: 08-28-2024

Case Style:

Jamie L. David, et al. v. 3M Company, Inc.

Case Number: Pc-2019-5044

Judge: Not Available

Court: Superior County, Providence County, Rhode Island

Plaintiff's Attorney:

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Defendant's Attorney:
For Defendant: Brian D. Gross, Esq.; Brian A. Fielding, Esq.; Marisa K. Roman, Esq.; John R. Felice, Esq.; Wayne E. George, Esq.; Matthew C. Oleyer, Esq.; Lawrence Cetrulo, Esq.; Rochelle Gumapac, Esq.; Stesha Emmanuel, Esq.; Stephen P. Cooney, Esq.; Jeffrey M. Thomen, Esq.; Paul E. Dwyer, Esq.; Cassandra Feeney, Esq.; Kenneth Costa, Esq.; Nancy Kelly, Esq.; Jonathan Myhre, Esq.; Tierney M. Chadwick, Esq.; Holly M. Polglase, Esq.; Jennifer Whelan, Esq.; Randolph Totten, Esq.; Mark O. Denehy, Esq.; Jonathan Tabasky, Esq.

Description:

Providence, Rhode Island personal injury product liability asbestos claim lawyer represented the Plaintiff.

Plaintiffs advance various theories of liability against Defendants Ford and Graybar (collectively, Defendants), including negligence, strict liability, breach of express and implied warranty, punitive damages, and conspiracy. See Compl. ¶¶ 71-93. At the heart of Plaintiffs' claims is the assertion that Mrs. Bonito suffered from and died of malignant mesothelioma because of exposure to asbestos dust while laundering her late ex-husband's work clothing, which she claims was "covered in asbestos dust[.]" Id. at 4. Mrs. Bonito was deposed before her death; her ex-husband, James Bonito (Mr. Bonito), was also deposed. The relevant details from their depositions are summarized below.

Mr. and Mrs. Bonito married in December 1966. See Mrs. Bonito's Dep., Aug. 27, 2018, Vol. 1 (hereinafter, Mrs. Bonito's Dep.) at 15:9, 17. During their marriage, Mr. Bonito worked at several different businesses. See generally id. at 22:10-23:3; see also generally Mr. Bonito's Dep., Oct. 25, 2018 (Vol. 1); Oct. 26, 2018 (Vol. 2); Dec. 10, 2018 (Vol. 3); Mar. 19, 2019 (Vol. 9); and Apr. 15, 2024 (Vol. 14.).[3] In 1967, Mr. Bonito opened his own construction company where he built and remodeled homes and basements, including framing walls and putting down floor and ceiling tiles. See generally Mr. Bonito's Dep., Vol. 1 at 25:18-27:13; 77:13-16; 78:2-5. While married to Mrs. Bonito, Mr. Bonito also had a shop where he did automotive work on trucks and equipment. See id. at 86:19-87:8. Mr. Bonito testified to his exposure to products manufactured

3

by Defendants; additional Defendant-specific facts will be set forth below.

Once the couple married, Mrs. Bonito began doing Mr. Bonito's laundry, including cleaning his work clothes and shoes. See Mrs. Bonito's Dep. 19:20-22; 30:12-14; see also Mr. Bonito's Dep. Vol. 1 at 95:8-96:1. She would do his laundry approximately "[t]hree times a week" or "every couple of days." (Mrs. Bonito's Dep. at 20:6-7.) It was Mr. Bonito's routine to go home in the clothes he wore to work. See id. at 30:22-24; see also Mr. Bonito's Dep., Vol. 1 at 101:15-102:2. When Mr. Bonito arrived home, Mrs. Bonito described his clothes as "dusty." See Mrs. Bonito's Dep. at 31:3, 6.

Mrs. Bonito's laundering process began by shaking out Mr. Bonito's clothing. See id. at 32:9-11; see also Mr. Bonito's Dep. Vol. 1 at 99:5-7. She could see the dust in the air while shaking out the clothes. See Mrs. Bonito's Dep. at 36:19-22. When asked whether she "breathe[d] in the dust from [Mr. Bonito's] clothes," Mrs. Bonito stated, "I'm sure I did, yes." Id. at 37:4-5, 7. She did not wear a mask when doing the laundry. See id. at 37:8-10.

The couple separated around 1985 or 1986, but they "were trying to work things out" for about four or five years before their divorce. Id. at 21:24-22:1. During their separation, Mrs. Bonito did Mr. Bonito's laundry about half of the time, but stopped when the couple got divorced in 1990. See generally id. at 21:17-22:9; see also Mr. Bonito's Dep. Vol. 14 at 2283:2-9.

Plaintiffs presented an expert opinion by Richard Kradin, M.D., a pulmonologist and pathologist, who has specialized in pulmonary disease for over thirty-seven years. See Kradin Report, June 19, 2020 (Dr. Kradin Report) at 1; see also Dr. Kradin's Dep., July 2, 2024. Dr. Kradin reviewed various medical reports, deposition testimony from Mr. and Mrs. Bonito, and Mrs. Bonito's pathology report. See Dr. Kradin Report ¶ 15. He confirmed that "[Mrs.] Bonito was repeatedly exposed to asbestos via the shaking out and laundering of her husband's dusty work...

Outcome: For the reasons stated herein, this Court DENIES Ford's Motion for Summary Judgment and DENIES Graybar's Motion for Summary Judgment. Consequently, this Court also DENIES Ford's Motion for Partial Entry of Separate and Final Judgment.

Plaintiff's Experts:

Defendant's Experts:

Comments: