The case centers on the death of Lonnie "Bill" Stubblefield, Jr., who worked as a ship scaler and laborer at Todd Shipyard (now Puget Sound Commerce Center) and Lockheed Shipbuilding Company during the 1970s and 1980s. Stubblefield was diagnosed with mesothelioma in November 2022 and died in December 2022. His widow, Shirley Johnson, sued the shipyards for negligence, alleging they failed to provide a safe workplace free of asbestos hazards.
The court's decision hinged on the admissibility of two expert witnesses hired by Johnson: industrial hygienist Christopher DePasquale and physician Dr. Stephen Haber. The court granted in part and denied in part the defendants' motions to exclude their testimony.
DePasquale opined that Stubblefield was exposed to asbestos as a bystander while other trades worked on thermal system insulation above him. The court excluded this exposure-related opinion, finding it lacked a proper foundation because DePasquale did not identify specific vessels Stubblefield worked on, review vessel specifications, or confirm that the insulation aboard those ships actually contained asbestos. The court characterized his assumptions as impermissible "ipse dixit." However, the court did not exclude DePasquale's general opinions that asbestos is friable or that respirators offer protection if used properly.
Similarly, the court excluded Dr. Haber's specific causation opinions that exposure at Todd and Lockheed were substantial factors in causing Stubblefield's mesothelioma. The court found his opinions unreliable because they were based on generalities about shipyard conditions rather than specific facts. The court also rejected Haber's "every exposure" and "cumulative exposure" theories, which posit that any asbestos exposure contributes to disease risk regardless of intensity or duration. However, the court allowed Haber to testify about general scientific facts, such as that there is no known safe threshold for mesothelioma.
With the specific causation and exposure expert testimony excluded, Johnson was left with lay witness declarations from Stubblefield's brother and other former coworkers. The court found these statements insufficient to create a genuine dispute of material fact, noting that the witnesses offered only conclusory assertions that they "knew" asbestos was present without providing a factual basis for those beliefs or tying specific dusty conditions to asbestos-containing materials.
Consequently, the court granted summary judgment for Puget Sound Commerce Center and Lockheed Shipbuilding Company. The ruling illustrates that in maritime asbestos cases, plaintiffs must provide admissible evidence tying specific exposure to a defendant's premises, rather than relying on general industry knowledge or lay speculation.