Legal Opinion

Swogger v. Waterman Steamship Corp.

Appellate Division of the Supreme Court of the State of New York

Decided October 3, 1989PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Murphy, P. J.

The original plaintiff, David D. Swogger, commenced this action in 1979, seeking damages against owners of commercial ships, on which plaintiff had served as a crew member, for injuries allegedly resulting from asbestos exposure. For three decades, Swogger had served as a marine engineer on various ships owned by the five defendants. The asbestos exposure is alleged to have occurred on the high seas.

In 1980, Swogger died of mesothelioma. His widow was substituted as plaintiff. She served an amended complaint asserting a cause of action for wrongful death. In…

2Cases cited10 opinions

  1. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  2. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  3. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  4. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  5. Cooper Stevedoring Co. v. Fritz Kopke, Inc.Supreme Court of the United States · 1974

5 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Sheffield v. Owens-Corning FiberglassSupreme Court of Alabama · 1992
  2. Torres v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
  3. AMERICAN COMMERCIAL BARGE LINE COMPANY v. RoushSupreme Court of Alabama · 2000
  4. In Re Complaint of Kreta Shipping, S.A.District Court, S.D. New York · 1998
  5. Lambert v. Babcock & Wilcox, Co.District Court, S.D. Indiana · 1999

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