Evidence
7 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-7).
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[1]Giacobbe v. Celotex Corp., 629 F. Supp. 827 (E.D. Pa. 1985), Civ. A. No. 83-2276 (Broderick, J.) [court_record]
- Locator
- 629 F. Supp. at 828-829 (undisputed facts: Cabot service and insulation-disturbance duties), 829-831 (borrowing-statute analysis and holding); verified via ecases.us full-text mirror 2026-09-18
- Finding type
- litigation_documented
- Finding
- Published E.D. Pa. memorandum opinion on Owens-Illinois's motion for summary judgment recites as undisputed material fact: Mr. Giacobbe 'served in the Navy as a damage control man, shipfitter, hull technician and general maintenance man aboard the USS Cabot' (1943-1946), and 'as part of his job, he took pipecovering off pipes, repaired the pipes, ripped off gaskets, and replaced the pipecovering with a temporary insulation.' The suit (filed May 12, 1983) sought damages for personal injuries from asbestos exposure at the Philadelphia Naval Shipyard (1941-43 and 1965-present), the Brooklyn Navy Yard (1950-65), and during U.S. Navy service (1943-46 - the Cabot period). Applying Pennsylvania's borrowing statute, the court granted summary judgment to defendant only for the New York-accrued portion - claims based on Brooklyn Navy Yard exposure were barred under Steinhardt's last-exposure rule (suit brought more than three years after last New York exposure in 1965). The balance, including the claims covering Navy service aboard Cabot, was timely under Pennsylvania's two-year statute and discovery rule (injury discovered Feb 1983; filed May 1983).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 1943-1946 service window; suit 1983; opinion filed 1985-12-02
- Population
- Sailor serving aboard USS Cabot (CVL-28), 1943-1946 (damage control/shipfitter/maintenance ratings)
- Limitations
- Summary-judgment-stage record: the Cabot duties are recited as material facts not genuinely in dispute, inside an asbestos-exposure action - the opinion resolves a limitations/borrowing-statute question only. It does not adjudicate that specific products aboard contained asbestos, does not quantify material, and establishes no causation finding for this plaintiff's service aboard. The exposure recital covers Navy service aboard the ship; the held-barred claims were the New York (Brooklyn Navy Yard) accruals.
- Atlas source
- true
- Evidence ID
- ev-uss-cabot-cvl28-01
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[2]DANFS, USS Cabot II (CVL-28) entry (verbatim transcription; live NHHC page returned 404) [nhhc_danfs]
- Locator
- DANFS Cabot II entry - construction paragraph, kamikaze paragraph, reserve/training paragraphs
- Finding type
- vessel_history
- Finding
- Construction and service milestones (DANFS): laid down as light cruiser Wilmington (CL-79), redesignated CV-28 on 2 Jun 1942, renamed Cabot 23 Jun 1942, converted while building, launched 4 Apr 1943 by New York Shipbuilding Co., Camden, N.J.; reclassified CVL-28 on 15 Jul 1943; commissioned 24 Jul 1943. Kamikaze crash on the port-side flight deck 25 Nov 1944 off Luzon - 52 men killed and wounded; temporary repairs afloat, permanent repairs at Ulithi from 28 Nov. San Francisco overhaul completed June 1945. Presidential Unit Citation and nine battle stars. Out of commission in reserve at Philadelphia 11 Feb 1947; recommissioned 27 Oct 1948 for Naval Air Reserve training (Pensacola, Quonset Point; European cruise Jan-Mar 1952); out of commission in reserve 21 Jan 1955; reclassified AVT-3 on 15 May 1959.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 1942-1959
- Population
- New York Shipbuilding construction trades 1942-43; crews 1943-55; Ulithi and San Francisco repair workers 1944-45
- Limitations
- Ship-specific history from the official ship dictionary; contains no asbestos, insulation, or hazardous-material content. The 1945 San Francisco overhaul yard is not named in the entry (see gaps).
- Atlas source
- true
- Evidence ID
- ev-uss-cabot-cvl28-02
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[3]National Park Service, National Historic Landmarks program - USS Cabot (CVL-28) page [nps]
- Locator
- NPS NHL USS Cabot page - museum-foundation, EPA export bar, and scrapping paragraphs
- Finding type
- environmental_record
- Finding
- NPS National Historic Landmark record: after Spanish service (Dédalo, loaned 1967, purchased by Spain 1973, in Spanish service until 1989), the hull was acquired by the New Orleans-based Cabot-Dédalo Museum Foundation and designated a National Historic Landmark in June 1990. The foundation folded; the deteriorating carrier was moved to Texas in 1997, seized by U.S. Marshals in 1998, and auctioned in 1999 to Sabe Marine Salvage. 'Subsequently, the Environmental Protection Agency barred the company from taking the ship overseas for salvage because of the presence of hazardous materials.' Scrapping began November 2000 at the Port of Brownsville in a facility built by Maruti Steel, Inc.; the NHL designation was withdrawn 7 Aug 2001.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 1989-2001
- Population
- Salvage/shipbreaking workforce at Brownsville 2000-2002
- Limitations
- Federal record confirming 'the presence of hazardous materials' aboard this hull as of the 1999-2000 salvage disputes - the EPA's export bar is ship-specific, but the NPS page does not itemize the materials as asbestos; a WWII-era hull scrapped domestically under a hazmat export restriction is consistent with, not proof of, ACM aboard.
- Atlas source
- true
- Evidence ID
- ev-uss-cabot-cvl28-03
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[4]NHHC, United States Naval Aviation 1910-2010, vol. II, Part IV 'Ships', Chapter 26 'Aviation Ships' - Carrier Listing, hull 28 row; NHHC Online Library USS Cabot (CVL-28) page [nhhc_danfs]
- Locator
- Part4.pdf carrier listing hull 28 (pp. 342-343); http://www.ibiblio.org/hyperwar/OnlineLibrary/photos/sh-usn/usnsh-c/cvl28.htm
- Finding type
- historical_record
- Finding
- Disposition chain (NHHC): commissioned 24 Jul 1943, final decommission 21 Jan 1955; redesignated AVT-3 on 15 May 1959; 'Transferred to Spain on 30 Aug 1967, renamed Dedalo (R 01), returned to private U.S. organization in 1989, and then scrapped.' The NHHC Online Library page adds: the loan was converted to a sale in 1972; she 'received modernization to fit her for the anti-submarine support role' during the early 1950s Naval Air Reserve period.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 1943-2002
- Population
- Spanish Navy crews/yard workers 1967-1989
- Limitations
- Official NHHC tabular + narrative data; the early-1950s anti-submarine modernization is noted without a named yard or scope - an undocumented refit period that is an open lead (see gaps). No material/asbestos content in the cited material.
- Atlas source
- true
- Evidence ID
- ev-uss-cabot-cvl28-04
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[5]U.S. Navy, Bureau of Ships Technical Manual, NAVSHIPS 250-000, Chapter 39 'Thermal Insulation' (1960, page date 15 April 1959) [other_primary]
- Locator
- BuShips TM ch.39, materials sections (verbatim OCR text of retrieved PDF scan)
- Finding type
- asbestos_application
- Finding
- Class/era material context: cruiser-hull conversion construction (keel as CL-79, March 1942; carrier conversion through commissioning July 1943) inside the Navy asbestos-specification era. The 1960 BuShips Technical Manual's insulation chapter enumerates the asbestos material suite standard to Navy steam plants of this construction era: MIL-P-2781 pipe covering including 85% magnesia 'formed from a combination of 85 percent magnesium carbonate with about 15 percent asbestos fiber' and a class 'formed from a uniform mixture of amosite asbestos fibers'; roll asbestos felt MIL-I-15091; asbestos cloth/tape SS-C-466 (80-95% chrysotile) as lagging; asbestos millboard HH-M-351; asbestos finishing cement; molded asbestos block for high-temperature service. Her four Babcock & Wilcox boilers, GE geared turbines, and steam piping are the equipment classes those specifications cover; the pipecovering and gasket work recited aboard in the Giacobbe record is consistent with this material family.
- Verification
- inferred
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-18
- Study period
- 1942-1943 construction; 1960 manual describing era-standard specifications
- Population
- New York Shipbuilding construction trades 1942-43; crews and repair workers
- Limitations
- Specification-level documentation of what the Navy specified - corroborates the material family a damage-control sailor would have disturbed, but does not itself prove the products aboard this hull contained asbestos. The retrieved PDF is a scan hosted in the Garlock bankruptcy Daubert-appendix repository; the document itself is the government manual.
- Atlas source
- true
- Evidence ID
- ev-uss-cabot-cvl28-05
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[6]Simmons v. Pacor, Inc., 543 Pa. 664, 674 A.2d 232 (Pa. 1996) [court_record]
- Locator
- 674 A.2d 232 - factual recital (Murray employment at NYSB Camden; trial testimony)
- Finding type
- litigation_documented
- Finding
- Pennsylvania Supreme Court opinion (consolidated appeal on a trial record) documents Theodore Murray's work as carpenter, joiner, pipecoverer and insulator at New York Shipbuilding Company, Camden, N.J., 1952-1967, with 'considerable asbestos exposure in all areas of his employment' - the yard that built this hull in 1942-43.
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-18
- Study period
- 1952-1967 yard employment; opinion 1996
- Population
- New York Shipbuilding insulation/carpentry trades
- Limitations
- Builder-yard context only. The documented exposure period (1952-67) postdates this hull's construction (1942-43); establishes the yard's asbestos work environment in the immediately following era, not material aboard this hull.
- Atlas source
- true
- Evidence ID
- ev-uss-cabot-cvl28-06
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[7]Batch-67 search ledger (this record): DANFS/NHHC; NHHC Online Library; NPS NHL page; NHHC carrier listing; CourtListener API (blocked HTTP 429); substitute web-index litigation sweep; NavSource (DNS unreachable); hazegray (DNS unreachable) [other_primary]
- Locator
- search_ledger rows sl-uss-cabot-cvl28-01 through sl-uss-cabot-cvl28-09
- Finding type
- historical_record
- Finding
- CourtListener litigation sweep for this hull produced one qualifying ship-specific asbestos record (Giacobbe, ev-01); no additional docketed asbestos case naming USS Cabot (CVL-28) was located in the sources searched. No hull asbestos survey, insulation inventory, or abatement contract was found; the only hazmat finding on the hull is the EPA export bar (ev-03), which does not itemize materials.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- search date 2026-09-18
- Limitations
- Scope note, not absence-of-exposure: CourtListener API was rate-limited this session so the litigation sweep is a web-index substitute plus the class profile's 2026-09-16 CourtListener sweep (Giacobbe the only member-naming hit). Unindexed state-court and settled matters are invisible to both. The 1967-1989 Spanish service period is undocumented for material changes.
- Atlas source
- true
- Evidence ID
- ev-uss-cabot-cvl28-07