EAST ST. LOUIS – Oshkosh Corporation and Hyster-Yale Group were dismissed from asbestos exposure claims after removing the case from St. Clair County circuit court to U. S. district court.
Plaintiff Kirby Rodriguez moved to dismiss Oshkosh and Hyster-Yale with prejudice on Feb. 22, so that his complaint against 40 other defendants could return to St. Clair County.
Carson Menges of Belleville filed the complaint in October.
He served answers to interrogatories on Oshkosh, stating Rodriguez worked as a mechanic in Army Reserves from 1973 to 1991.
At a deposition on Jan. 10, Rodriguez identified Oshkosh equipment he worked on.
Oshkosh counsel Sarah Mangelsdorf of Clayton, Missouri, removed the complaint to district court on Jan. 23, asserting federal jurisdiction as a military contractor.
Mangelsdorf claimed Oshkosh supplied heavy equipment and vehicles in strict accordance with Army specifications and requirements.
She claimed Army specifications required the use of hazardous materials, including asbestos.
She claimed Rodriguez stated in his deposition that replacement parts, including brakes and clutches, had to come through the military supply chain.
She claimed he stated he was told in briefings and courses that components of heavy equipment and vehicles contained asbestos.
The court clerk randomly assigned District Judge Stephen McGlynn.
Hyster-Yale Group, successor to Hyster Company and Yale Group, filed notice on Jan. 25 that it adopted Oshkosh’s removal notice as a military contractor.
Counsel for several other defendants entered appearances and counsel for Redco Corporation, formerly Crane Company, moved to dismiss claims against it.
Menges decided he’d rather pursue claims against 40 defendants in St. Clair County circuit court than 42 defendants in district court.
After he moved to dismiss Oshkosh and Hyster-Yale, he moved for remand to St. Clair County.
He wrote that neither Oshkosh nor Hyster-Yale opposed the dismissal motion, “and other defendants will not be prejudiced by having the state law claims tried in state court.”
“Additionally, the fact that a defendant may face litigation in a state forum has never been considered prejudice such as to warrant denial of a motion for voluntary dismissal,” Menges wrote.