You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Dollas v. W.R. Grace & Co.

Citations: 225 A.D.2d 319; 639 N.Y.2d 323

Court: Appellate Division of the Supreme Court of the State of New York; March 4, 1996; New York; State Appellate Court

Narrative Opinion Summary

This case involves two appeals stemming from personal injury and wrongful death claims related to asbestos exposure at the Brooklyn Navy Yard, specifically aboard the USS Constellation. The plaintiffs allege their decedents contracted mesothelioma due to exposure to Monokote, an asbestos-containing product manufactured by the defendant, Grace. A pivotal issue was whether sufficient evidence existed to establish a factual dispute over exposure to Monokote, thereby precluding summary judgment. The Supreme Court initially granted summary judgment for Grace, citing the absence of Monokote’s approval for Navy Yard use and discrediting testimony from Walter Robert Bock, a marine machinist, who claimed Monokote was routinely applied on the ship. The appellate court found this reliance on judicial notice inappropriate, as it should apply only to well-established facts, and emphasized that credibility determinations and factual disputes are for the trier of fact, not for resolution in summary judgment. Consequently, the court reversed the summary judgment, remanding the case for trial to resolve these factual disputes, thus allowing plaintiffs to pursue their claims against Grace.

Legal Issues Addressed

Credibility of Witness Testimony

Application: The court erroneously dismissed a witness's testimony as unbelievable, which should have been assessed by the trier of fact.

Reasoning: The Supreme Court also erroneously dismissed Bock's testimony as unbelievable, despite it being sufficient to raise a factual issue for trial.

Establishing Genuine Issues of Material Fact

Application: Deposition testimony raised a genuine issue of material fact, necessitating a trial rather than summary dismissal.

Reasoning: The ruling illustrates the principle that deposition testimony can establish a genuine issue of material fact, warranting a trial rather than dismissal through summary judgment.

Summary Judgment Standards

Application: The court improperly granted summary judgment by resolving issues of credibility and factual disputes that should be reserved for trial.

Reasoning: The court's role in summary judgment is to find issues rather than determine them, and any discrepancies in testimony are matters of credibility for trial.

Use of Judicial Notice

Application: The court inappropriately relied on judicial notice to assert facts not sufficiently established, affecting the summary judgment decision.

Reasoning: The court's reliance on judicial notice to assert Monokote was not used on the Constellation was deemed inappropriate, as judicial notice should only apply to well-established facts.