Droz v. Hennessy Industries, LLC

Summary

The Court reversed summary judgment for Hennessy because the plaintiff presented sufficient circumstantial evidence to create a genuine issue of material fact that the decedent was exposed to asbestos dust while using Hennessy's arc grinder with asbestos-containing brake shoes. The Court upheld the applicable burden-shifting framework, under which the defendant first must show that its product was used with both asbestos-containing and asbestos-free products, after which the plaintiff may rely on direct or circumstantial evidence of exposure. The Court also held that the framework did not require exclusive use or direct evidence of an asbestos-containing product.