Botello v. General Electric Company et alMOTION for Summary JudgmentD. Conn.March 31, 2017 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT ______________________________________ DORA ANN BOTELLO, Executrix of the Estate of ANTHONY BOTELLO and DORA ANN BOTELLO, Personally, Plaintiffs, v. GENERAL ELECTRIC CO., ET AL, Defendants ____________________________________ : : : : : : : : : : : : : CIVIL ACTION NO 3:15-cv-01725-JAM MARCH 31, 2017 CRANE CO.’S MOTION FOR SUMMARY JUDGMENT The defendant, Crane Co., hereby moves this Court to enter summary judgment in its favor as to all counts of the plaintiffs’, Dora Ann Botello, Executrix of the Estate of Anthony Botello, and Dora Ann Botello, personally, Amended Complaint dated August 24, 2016. There are no genuine issues of material fact and Crane Co. is entitled to judgment as a matter of law because, as set forth more fully in the memorandum of law in support of this motion for summary judgment: (1) Plaintiffs have no evidence establishing that the decedent, Anthony Botello, was exposed to any asbestos-containing products manufactured or distributed by Crane or that any exposure to an allegedly defective Crane Co. product was a substantial factor in his injuries; (2) as a matter of maritime law, Plaintiff cannot recover punitive damages, or damages for “loss of life’s enjoyment”; and (3) because Crane Co. is entitled to summary judgment on the claims by Mr. Botello’s estate, Mrs. Botello’s derivative loss of consortium must fail. WHEREFORE, Crane Co. respectfully requests this Court enter summary judgment in its favor as to all counts against it. Case 3:15-cv-01725-JAM Document 90 Filed 03/31/17 Page 1 of 3 2 DEFENDANT, CRANE CO. By: /s/ Jason K. Henderson Jason K. Henderson (ct27042) DANAHERLAGNESE, PC 21 Oak Street, Suite 700 Hartford, CT 06106 Phone: (860) 247-3666 Fax: (860) 547-1321 Email: jhenderson@danaherlagnese.com Case 3:15-cv-01725-JAM Document 90 Filed 03/31/17 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on March 31, 2017, a copy of the foregoing Motion for Summary Judgment was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filling through the Court’s CM/ECF System. /s/ Jason K. Henderson Jason K. Henderson (ct27042) DANAHERLAGNESE, PC 21 Oak Street, Suite 700 Hartford, CT 06106 Phone: (860) 247-3666 Fax: (860) 547-1321 Email: jhenderson@danaherlagnese.com Case 3:15-cv-01725-JAM Document 90 Filed 03/31/17 Page 3 of 3
