Jeannine A. Boulay, Personal Representative of the Estate of Henry J. Boulay v. A.O. Smith Corporation et al. (2010)

MEMORANDUM OF DECISION

1. Granted as to all claims of intervening plaintiff and cross claims of all defendants as well as defendant Aurora Pump.

2. Unopposed by plaintiff and therefore, the plaintiff has failed to make a showing sufficient to establish the existence of an element essential to the plaintiff's case and on which the plaintiff will bear the burden of proof at trial, that the plaintiff was exposed to a product manufactured or sold by Aurora Pump, which contained asbestos.  Celotex v. Catrett, 477 U.S. 317, 322, 324 (1986).

3. And since the intervening complaint of the employer of the plaintiff is derivative and therefore dependent upon the liability of the defendant, it is dismissed along with the plaintiff's complaint.  Mulcahy v. Mossa, 89 Conn.App. 115, 124 (2005), despite the claim of the intervening plaintiff that defendant has failed to prove a “negative” and therefore, not entitled to summary judgment.

By the Court,

David W. Skolnick

Judge Trial Referee

December 18, 2009

Skolnick, David W., J.T.R.