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Wednesday, April 30, 2014

ELBERT HUGHES V. A.W. CHESTERTON CO., ET AL./ MICHAEL GREEVER VS. A.W. CHESTERTON CO., ET AL./ GREGORY FAYER VS. A.W. CHESTERTON CO., ET AL./ ANGELO MYSTRENA, ET AL. VS. A.W. CHESTERTON CO

ELBERT HUGHES V. A.W. CHESTERTON CO., ET AL./ MICHAEL GREEVER VS. A.W. CHESTERTON CO., ET AL./ GREGORY FAYER VS. A.W. CHESTERTON CO., ET AL./ ANGELO MYSTRENA, ET AL. VS. A.W. CHESTERTON CO., ET AL. 
A-0778/779/4912/4913-11T2 (CONSOLIDATED) 
Plaintiffs in these consolidated cases alleged they contracted asbestos-related diseases as a result of their exposure to asbestos contained in component parts of pumps manufactured by defendant. We consider whether a manufacturer has a duty to warn that component parts, which will be regularly replaced as part of routine maintenance, contain asbestos. Under the facts of this case, we find it would be reasonable, practical and feasible to impose such a duty here. However, we also reject plaintiffs' argument 

that causation may be proved by proximity to defendant's product in the absence of proof they were exposed to an asbestos-containing product manufactured or sold by defendant and, therefore, conclude plaintiffs failed to make a prima facie showing of causation