Evidence
11 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-11).
-
[1]research packet crew-fh-packet.md (2 sources cited) [other_primary]
- Finding type
- vessel_history
- Finding
- Identity packet verdict: VERIFIED
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Evidence ID
- uss-cowell-dd547-pkt-crew-fh-packet-md
-
[2]Elorreaga v. Rockwell Automation, Inc., 666 F. Supp. 3d 1032 (N.D. Cal. Mar. 31, 2023), No. 4:21-cv-05696-HSG, ECF No. 194 (Judge Gilliam) - order denying defendants' motions for summary judgment and granting plaintiffs' partial summary judgment (government contractor defense); hosted PDF copy of filed order [court_record]
- Locator
- 666 F. Supp. 3d 1032, background section (service history recital) and product-by-product analysis (GE arc chutes/control panels; ViacomCBS/Westinghouse electrical equipment; Buffalo and Warren pumps)
- Finding type
- litigation_documented
- Finding
- Published federal opinion names this hull by number: 'Mr. Elorreaga served aboard the USS Rupertus (DD-851) from October 1959 to January 1960 as a machinist mate, and the USS Cowell (DD-547) from October 1960 until February 1963 as a fireman's apprentice and then as an electrician's mate.' The action (filed September 2020 in San Francisco Superior Court against ~25 defendants, removed to N.D. Cal.) alleged malignant pleural mesothelioma from asbestos-containing products aboard Navy vessels; Roberto Elorreaga died October 2021. The court found plaintiffs 'proffered some evidence from which a reasonable jury could conclude that the products contained asbestos and that Mr. Elorreaga was exposed to it during the course of his work' aboard, and DENIED defendants' (GE, ViacomCBS, Air & Liquid Systems, Warren Pumps) summary-judgment motions on product identification/exposure grounds.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1960-1963 (alleged exposure aboard this hull); 2020-2023 (litigation)
- Population
- Roberto Elorreaga (USN fireman's apprentice/electrician's mate aboard DD-547, Oct 1960-Feb 1963; malignant pleural mesothelioma, died Oct 2021)
- Limitations
- Summary-judgment-stage ruling: the court held the exposure evidence sufficient to reach a jury and expressly declined to weigh it - the exposure allegation was never adjudicated. Does not establish causation, does not quantify asbestos aboard, and is not a finding that any specific product was asbestos-containing. Case earlier resolved a motion to dismiss (ECF No. 78, July 7, 2022) that treated the alleged exposures as shipboard maritime claims. Post-remand disposition not located.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-01
-
[3]Elorreaga v. ViacomCBS Inc., No. 23-16041 (9th Cir. Oct. 3, 2024) - unpublished memorandum disposition (NOT FOR PUBLICATION; Ninth Circuit Rule 36-3), D.C. No. 4:21-cv-05696-HSG, interlocutory appeal under 28 U.S.C. 1292(b); hosted PDF copy of filed disposition [court_record]
- Locator
- 9th Cir. memorandum disposition, pp. 2-5 (factual recital; Boyle/Yearsley analysis; REVERSED AND REMANDED)
- Finding type
- litigation_documented
- Finding
- Ninth Circuit memorandum in the same action recites that 'Roberto Elorreaga served in the United States Navy aboard the USS Rupertus during the 1950s and 1960s as a machinist mate apprentice and the USS Cowell during the 1960s as a fireman's apprentice and an electrician's mate,' developing malignant pleural mesothelioma. The court REVERSED the district court's grant of partial summary judgment to plaintiffs and its denial of defendants' summary judgment on the government contractor defense, holding Boyle v. United Technologies inapplicable to federal maritime claims but that defendants may assert a Yearsley defense; remanded for the district court to consider whether the government contractor defense applies.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 2023-2024 (appellate proceedings)
- Population
- Same decedent (service aboard DD-547 1960-1963)
- Limitations
- Unpublished memorandum, non-precedential (9th Cir. R. 36-3). The reversal is confined to the government-contractor-defense question - a non-exposure issue; it leaves the exposure record exactly where the district court left it (allegation plus discovery-stage evidence, never adjudicated). Does not establish exposure aboard this hull, asbestos presence, quantities, or legal eligibility. Post-remand outcome not located.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-02
-
[4]Elorreaga v. Rockwell Automation, Inc., 666 F. Supp. 3d 1032 (N.D. Cal. 2023), ECF No. 194 - product-identification analysis reciting deposition and expert testimony for equipment aboard USS Cowell (DD-547) [court_record]
- Locator
- 666 F. Supp. 3d 1032, product-identification sections of the opinion (GE arc chutes/control panels; ViacomCBS/Westinghouse electrical equipment; Buffalo and Warren pumps analyses), ECF No. 194 pp. 9-16 of the filed slip copy
- Finding type
- litigation_product_id
- Finding
- Product identifications in the litigation record attributed to this hull: (1) General Electric control panels and arc chutes - decedent testified he cleaned/replaced arc chutes ('the major failure component') on a regular maintenance schedule using a wire brush and blowing out dust, saw the GE name on the chutes, and installed GE replacements; plaintiffs' industrial hygienist opined the arc chutes and control panels were 'transite,' an asbestos-cement material; GE interrogatory responses admitted manufacturing products in 1960-63 containing encapsulated chrysotile asbestos including Textolite insulating material, and a GE corporate representative testified GE knew some electrical distribution and control products contained asbestos. (2) Westinghouse electrical equipment including control panels on the Cowell, and Westinghouse-marked replacement arc chutes; ViacomCBS is successor by merger to Westinghouse Electric. (3) Buffalo pumps aboard Cowell - insulated, requiring insulation removal during repairs; Buffalo's person most knowledgeable acknowledged pump design provided for asbestos packing and gasket material, and Buffalo 'appears to admit' its originally supplied gaskets/packing required and therefore contained asbestos (Air & Liquid Systems is successor). (4) Warren pumps aboard Cowell - decedent identified the name stamped on the pumps and shut them down in the engine room while machinists worked on gaskets and packing. NOTE: deposition testimony about a Westinghouse propulsion-turbine insulation blanket pertains to USS Rupertus (DD-851), NOT this hull.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1960-1963 (work described); 2020-2023 (record)
- Population
- Roberto Elorreaga (electrician's mate duties aboard DD-547); machinists working pumps in his presence
- Limitations
- Discovery-record product identifications recited at summary judgment - attributed to this hull by deposition testimony, but never adjudicated; the court held only that a reasonable jury could find asbestos exposure. Does not establish the asbestos content of any specific unit aboard, quantities, remaining material, or individual causation; expert 'transite' opinion is inference from the decedent's physical description, not a sample.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-03
-
[5]DANFS, Cowell II (DD-547) (builder, dates, full WWII/Korea service narrative; verbatim HyperWar/ibiblio transcription - live NHHC page serves 404) [nhhc_danfs]
- Locator
- DANFS entry, specifications block + full service narrative
- Finding type
- vessel_history
- Finding
- DANFS record for this hull: launched 18 March 1943 by Bethlehem Steel Co., San Pedro, Calif.; sponsored by Mrs. R. Hepburn; commissioned 23 August 1943, Cmdr. C. W. Parker in command. Fast-carrier screen TF 58/38: Gilberts (Nov-Dec 1943); Kavieng; Kwajalein/Ebeye/Eniwetok; Truk (Feb 1944); Palau/Yap/Ulithi; Hollandia; Truk/Satawan/Ponape raids; Marcus/Wake; Marianas and Battle of the Philippine Sea; overhaul at Eniwetok (Aug 1944); Palaus/Philippines strikes; stood by torpedoed Canberra (CA-70) and Houston (CL-81) Oct 13-14, 1944; Leyte Gulf; Seattle overhaul (from 26 Dec 1944); Okinawa radar picket Apr 1-Jun 20, 1945 - Presidential Unit Citation; aided Gwin (DM-33), Bache (DD-470), Marathon (APA-200); occupation at Matsuyama; San Diego Nov 17, 1945; out of commission in reserve 22 July 1946. Recommissioned 21 September 1951; Atlantic Fleet; Korea 1953 (TF 77; West Coast Blockade Force; escorted Missouri BB-63; TG 95.2 Wonsan bombardment); round-the-world return to Norfolk Aug 22, 1953; Long Beach/Pacific Fleet Jan 1955; annual Far East deployments through 1960. Awards: PUC, 11 WWII battle stars, 2 Korean battle stars. Spec block: Fletcher class; 2,050 t; 376'6"; 35 kt; cpl. 273.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1943-1971
- Population
- Bethlehem San Pedro construction trades 1942-43; wartime crew (design complement 273); postwar crews 1951-1971
- Limitations
- DANFS documents service history and specifications, not materials or asbestos content. DANFS gives no laid-down date for this hull (NavSource supplies 1942-09-07) and the narrative ends at the 1960 deployment cycle - post-1960 history comes from the NHHC Online Library page (ev-05). The 'Seattle' overhaul yard is unnamed. Mirror transcription cited because the live NHHC page returns 404.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-04
-
[6]Naval Historical Center, Online Library of Selected Images, 'USS Cowell (DD-547), 1943-1971' (NHC-authored ship page, HyperWar/ibiblio mirror) [nhhc_danfs]
- Locator
- NHC Online Library ship page narrative; photo captions NH 99191, 80-G-K-2203, NH 98069
- Finding type
- vessel_history
- Finding
- NHC record for this hull covering the post-1960 period that DANFS omits: 'a 2050-ton modified Fletcher class destroyer built at San Pedro, California, commissioned in August 1943'; 'Following modernization to "four-gun Fletcher" configuration, Cowell went back to the Pacific in January 1955 and spent the rest of her long career there. She deployed six times to the western Pacific between 1955 and 1962 and made another "WestPac" cruise in 1964. After returning to the West Coast at the conclusion of that tour Cowell was assigned to Naval Reserve Training duty, based at San Francisco, California... In August 1971 Cowell was decommissioned and transferred to Argentina. Renamed Amirante [sic] Storni, she served in that nation's navy until 1981.' NHC photo NH 98069 (circa 1962) shows this hull alongside USS Ajax (AR-6) with USS Rupertus (DD-851) - the same two ships named in the Elorreaga record.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1943-1971
- Population
- Postwar crews incl. Naval Reserve Training era 1965-1971
- Limitations
- NHC page documents service history and the four-gun Fletcher modernization, not materials or asbestos content; it does not identify the modernization yard, dates, or materials disturbed. 'Served until 1981' conflicts slightly with NavSource 'stricken 1982' - carried in gaps.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-05
-
[7]NavSource Naval History, Destroyer Photo Index DD-547 USS Cowell (operational/building data and commanding-officer list compiled from official sources) [other_primary]
- Locator
- NavSource DD-547 page, Operational and Building Data block; CO list; photo captions
- Finding type
- vessel_history
- Finding
- NavSource building/operating data for this hull: 'Laid down by Bethlehem Steel, San Pedro. September 7 1942. Launched March 18 1943 and commissioned August 23 1943. Decommissioned July 22 1946 and recommissioned September 21 1951. Decommissioned August 17 1971. Stricken August 17 1971. To Argentina August 17 1971, renamed Almirante Storni. Fate: Stricken in 1982 and scrapped.' Machinery block: 60,000 SHP; Allis Chalmers turbines; 2 screws; 38 kt; crew 273. Commanding-officer list runs continuously through LCDR Arnold A. Evans (Jul 1970-Aug 17, 1971); photo captions place the ship in active service off Hawaii (1963), Vancouver (1965, 1971), and San Francisco (1968).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1942-1982
- Population
- Construction trades 1942-43; crews 1943-1971
- Limitations
- NavSource is a volunteer-compiled index of official records, not itself a primary record; the laid-down date and Allis-Chalmers turbine attribution rest on it (DANFS omits the laid-down date; the Fletcher class design calls for GE turbines - Bethlehem-built hulls used other suppliers). No materials or asbestos information.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-06
-
[8]Destroyer History Foundation, USS Cowell (DD-547) ship page and Presidential Unit Citation transcription (foundation history site citing NHHC/DANFS as source) [museum_official]
- Locator
- destroyerhistory.org Fletcher-class USS Cowell page; PUC citation transcription subpage (source: Jim Duggan, GM 3/c 1943-46)
- Finding type
- vessel_history
- Finding
- Foundation record for this hull: Cowell joined San Pedro-built sisters Bradford (DD-545) and Brown (DD-546) in Destroyer Division 92 of Destroyer Squadron 46, 'the first squadron of 2,100-tonners attached to Admiral Mitscher's newly-formed Fast Carrier Forces.' The page transcribes the full Presidential Unit Citation text (Secretary of the Navy James Forrestal): radar-picket fighter-director duty during the Okinawa campaign April 1-June 17, 1945 - downed ten hostile planes, destroyed two torpedo boats by gunfire, 36 days in the transport area.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1943-1945
- Population
- Wartime crew
- Limitations
- Secondary foundation source, not a government record - used for the squadron-assignment detail and PUC text corroboration only; its ship narrative tracks DANFS. Contains no asbestos or materials information.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-07
-
[9]DANFS specifications block (Fletcher class; 4-boiler 60,000-shp plant) + Atlas shipyard dataset record 'bethlehem-shipbuilding' + fletcher-class.class.json (batch class profile) [other_primary]
- Locator
- DANFS spec block; shipyards.json 'bethlehem-shipbuilding'; class-c/fletcher-class.class.json
- Finding type
- asbestos_application
- Finding
- Era/yard inference: a Fletcher-class destroyer built 1942-43 at Bethlehem Steel, San Pedro, with a four-boiler geared-turbine 60,000-shp plant would have carried period-standard asbestos insulation - boiler and steam-line lagging, gaskets, packing, fireproofing, deck coverings; the builder's corporate record is documented at yard level in the Atlas dataset (bethlehem-shipbuilding, tier 3, incl. extensive documented asbestos product lists and an 80% lung-damage finding in a Bethlehem shipyard cohort study, PMID 7342758). NARA RG19 'General Information Books' per-vessel material specifications are an archival lead for hull-level specs.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-27
- Study period
- 1942-1982
- Population
- Bethlehem San Pedro construction trades 1942-43; crews 1943-1971; Argentine crews 1971-c.1981
- Limitations
- Class/era and builder-yard inference only - NOT an independent ship-specific finding; the ship-specific record for this hull is the Elorreaga litigation rows (ev-01/-02/-03). The dataset's bethlehem-shipbuilding record is corporate-level and its evidence centers on Baltimore (Sparrows Point) and Quincy yards - it does not describe the San Pedro (former Union Iron Works) yard specifically. NARA GIB retrieval not performed.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-08
-
[10]GAO, Navy Efforts To Protect Workers From Asbestos Exposure, HRD-80-2 (Oct. 18, 1979) - program-level finding that the Navy used asbestos insulation extensively aboard ships and did not begin substituting alternative insulation materials until the early 1970s [gao]
- Locator
- GAO HRD-80-2 product page (title, date, scope description)
- Finding type
- gov_survey
- Finding
- GAO program-level documentation places this hull's entire U.S. service life (1943-1971) inside the Navy's documented asbestos-use era: asbestos insulation used extensively aboard ships; substitution of alternative insulation materials not begun until the early 1970s - i.e., after this hull was stricken and transferred (Aug 1971).
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-27
- Study period
- through 1979
- Population
- Navy crews and yard workers service-wide, era to early 1970s
- Limitations
- Program-level, not hull-specific: GAO fieldwork concerned Navy yards (e.g., Long Beach, Norfolk), not DD-547; establishes era context only. gao.gov blocks automated fetches (HTTP 403); the product-page description was used. Full-text pull remains an open lead.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-09
-
[11]Batch-3520 search ledger (this record): NHHC/DANFS, NHC Online Library, NavSource, NPS/HAER-type survey repositories, CourtListener API v4 sweeps, open-web authoritative-source sweep [other_primary]
- Locator
- search_ledger rows sl-uss-cowell-dd547-01 through -07
- Finding type
- historical_record
- Finding
- No ship-specific asbestos survey, abatement record, ACM inventory, or material specification for DD-547 was located in any repository searched. No museum/institutional record exists (hull transferred to Argentina 1971; scrapped 1982). No second qualifying litigation naming this hull was located beyond the Elorreaga action. Argentine-era (1971-1982) material history is undocumented in English-language authoritative sources.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 2026-09-27
- Limitations
- Absence of located documentation does not prove absence of asbestos aboard - the litigation record independently alleges asbestos-containing equipment aboard this hull (ev-01/-03) and class/era inference supports period-standard applications (ev-08). Unsearched leads: NARA RG19 General Information Books, NARA RG24 deck logs, Argentine Navy records.
- Atlas source
- true
- Evidence ID
- ev-uss-cowell-dd547-10