Evidence
8 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-8).
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[1]Pelton v. John Crane, Inc., No. 1:21-cv-4316 (N.D. Ill. Jan. 31, 2024) (Blakey, J.), Memorandum Opinion and Order, Doc. 337 - opinion text also mirrored at exa.ai; docket at dockets.justia.com and pacermonitor.com [court_record]
- Locator
- N.D. Ill. No. 1:21-cv-4316, Doc. 337 (Memorandum Opinion and Order, filed 2024-01-31); Factual Background section and causation analysis
- Finding type
- litigation_documented
- Finding
- Maritime asbestos action by Navy veteran Chloyde Pelton (mesothelioma) against gasket/packing manufacturer John Crane, Inc. Record evidence: Pelton served as a pipefitter/shipfitter aboard USS Lyman K. Swenson (DD-729, 1959-1961), USS Pritchett (DD-561, 1961-1962), and destroyer tender USS Frontier for about ten months until his 1963 retirement; he testified he routinely installed and removed asbestos-containing gaskets and packing from pipe valves - 'dirty work' requiring scraping and wire-brushing that created 'lots of dust in the air' with inhalation 'inevitable' - and identified John Crane as the manufacturer of the gaskets ('remember[ed] it being John Crane') and 'primarily' of the packing. Retired USN Capt. Bruce Woodruff's affidavit opined Pelton 'more likely than not' received substantial asbestos exposure across 38 months aboard the three ships, naming 'Destroyer Tender USS Frontier (AD 25).' Disposition on summary judgment: the court found the record raised a genuine dispute on causation (amount, duration, and attribution of exposure to defendant's products) and DENIED the motion as to negligence (Count I) and strict liability (Count III, Second Restatement 402A consumer-expectations test applied; no risk-utility or reasonable-alternative-design showing required); GRANTED as to 'willful and wanton' conduct (Count II, not cognizable under maritime law) while leaving punitive damages available; denied the 'failure to test' argument as not asserted.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1959-1963 service period; order 2024-01-31
- Population
- Navy pipefitter/shipfitter aboard USS Frontier c. 1962-1963; destroyer-tender repair personnel generally (record context)
- Limitations
- Summary-judgment-stage record, not a trial finding: the court held the causation evidence sufficient to reach a jury but did not find that exposure aboard this hull occurred. The exposure testimony covers three ships collectively; the Frontier-specific attribution rests on Pelton's general work description plus the Woodruff affidavit naming AD-25, not on product-delivery or shipyard records for this hull. Post-order disposition (settlement, trial, or appeal) not located - Justia docket snapshot ends at the Jan. 31, 2024 order. Does not establish quantity of asbestos aboard, exposure of any other person, or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-frontier-ad25-01
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[2]Board of Veterans' Appeals, Citation Nr. 1715957, Decision Date 05/11/17, Docket No. 15-38 800A (appeal from VA RO St. Petersburg, FL) [other_primary]
- Locator
- BVA Citation 1715957, Findings of Fact paras. 1-3 and Conclusions of Law para. 2
- Finding type
- litigation_documented
- Finding
- VA benefits adjudication record: Finding of Fact 2 states that the veteran's service personnel records document his service aboard USS Frontier and USS O'Brien as a machinist mate, fireman, and fireman apprentice - ratings 'considered to have a probable to highly probable exposure to asbestos according to the Navy Job Titles (Ratings) and Probability of Asbestos Exposure chart.' The veteran served December 1951 to October 1955 (matching Frontier's recommissioned Korea-era period). Service connection for an asbestos-related lung disease (claimed as asbestosis and mesothelioma) was DENIED because the record showed no such disease; a hearing-loss rating claim was separately denied.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- Service 1951-1955; decision 2017-05-11
- Population
- Machinist mate, fireman, and fireman apprentice ratings aboard USS Frontier, Dec 1951-Oct 1955 service window
- Limitations
- Administrative adjudication, merits-level for that claimant only: the denial was for absence of asbestos-related disease, not absence of exposure opportunity. The 'probable to highly probable' phrasing is VA's rating-level classification tool, not a survey or measurement of asbestos aboard this hull. Does not establish that asbestos was present aboard Frontier, nor any individual exposure or causation.
- Atlas source
- true
- Evidence ID
- ev-uss-frontier-ad25-02
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[3]Corn, Jacqueline Karnell, and Jennifer Starr, 'Historical perspective on asbestos: Policies and protective measures in World War II shipbuilding,' American Journal of Industrial Medicine 11(3):359-373 (1987) [other_primary]
- Locator
- AJIM 11(3):359-373, article and abstract
- Finding type
- asbestos_application
- Finding
- Peer-reviewed historical study documents extensive use of asbestos as a fireproofing and insulating material in U.S. shipbuilding during WWII, the program under which this FY-1942-contract, 1944-1946-built Navy C3 tender was constructed, and that wartime demand drove unprecedented asbestos utilization aboard naval and merchant-type hulls. Frontier's documented propulsion plant (two Babcock & Wilcox D-type boilers, 465 psi/765 F; GE geared turbine, single screw) is of the type and era in which asbestos insulation, steam-line lagging, gaskets, and packing were standard materials.
- Verification
- inferred
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-19
- Study period
- 1940s era documented; article 1987
- Population
- WWII shipyard workers and ship crews (class context)
- Limitations
- Program/era-level scholarship plus documented machinery type - not a hull record. Does not name this vessel, does not establish asbestos was or was not installed aboard this hull, and does not establish quantity, condition, exposure, or causation. Ship-specific documentation for this hull is limited to the litigation/adjudication records in ev-01 and ev-02.
- Atlas source
- true
- Evidence ID
- ev-uss-frontier-ad25-03
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[4]Dictionary of American Naval Fighting Ships, USS Frontier (AD-25) entry (Office of the Chief of Naval Operations, Naval History Division) - HyperWar/ibiblio transcription; live NHHC page not located (404) [nhhc_danfs]
- Locator
- DANFS AD-25 entry, full text (HyperWar/ibiblio mirror of NHHC DANFS)
- Finding type
- vessel_history
- Finding
- Official ship history: Frontier (AD-25), Klondike-class destroyer tender - 11,755 tons full, 492 ft, beam 69 ft 6 in, draft 27 ft 3 in, 18 knots, complement 826, armament one 5-inch and four 3-inch guns. Launched 25 March 1945 by 'the Todd Shipyards, San Pedro, Calif.', sponsored by Mrs. George M. Ravenscroft, commissioned 2 March 1946 (Capt. J. S. Crenshaw). Serviced 1st Fleet units 1946; Service Division 32 at Yokosuka Jan-May 1947; inactivated at Long Beach, decommissioned 29 September 1947. Recommissioned 11 November 1951 (Capt. E. B. Patterson); embarked Commander Destroyer Flotilla 3 at San Diego 21 May 1952; tender and logistic services to 7th Fleet at Yokosuka to December; overhaul at Puget Sound Naval Shipyard; further WestPac tours 1953-54 (DesFlot 3 flagship), return to Long Beach 20 December 1953; TG 12.3 exercises Feb 1954; Long Beach refit; Far East tour to 7 December 1954; Long Beach services to May 1955; departed for Yokosuka 19 June 1955; San Francisco overhaul; flagship Commander Destroyer Flotilla Western Pacific 8 October 1956 - 25 March 1957; departed Long Beach 3 February 1958 via Pearl Harbor to Melbourne, Australia and other ports; cruised in eastern waters 16 September 1959 - 1 March 1960; flagship DesFlot 3 at Long Beach from 15 March 1960; sailed for Pearl Harbor 28 January 1961 (entry ends).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1944-1961
- Limitations
- Establishes identity, construction, and service narrative through January 1961 only - the DANFS entry predates the 1968 decommissioning, so post-1961 service (including Vietnam-era deployments shown in MARAD's mission field) is not covered. Contains no asbestos or materials information; supports no asbestos claim by itself. Live NHHC canonical URL returned 404; transcription mirror used.
- Atlas source
- true
- Evidence ID
- ev-uss-frontier-ad25-04
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[5]U.S. Maritime Administration, ShipHistory database - FRONTIER (AD-25), Ship History Detail 1770 (milestones, vessel data, status card scans) [marad_nrc]
- Locator
- ShipHistory Detail 1770, milestone table and status-card scans
- Finding type
- vessel_history
- Finding
- MARAD custody record for FRONTIER (AD-25): year built 1946; shipyard 'Los Angeles Shipbuilding and Dry Dock Corporation'; Naval Auxiliary / AD Destroyer Tender; MARAD type C3; 492.0 ft, 70-ft beam. Milestones: delivered 1946-03-02 by Los Angeles SB and DD; entered Suisun Bay Reserve Fleet 1968-09-26; MARAD title (acquisition) 1969-08-31; sold for scrap to Zidell Explorations, Inc. 1975-04-18; withdrawn/delivered for scrap sale 1975-04-22. Mission field lists Korean War and Vietnam War. Digitized status card images exist on the record.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1946-1975
- Limitations
- Authoritative for government custody milestones and the scrapping disposition; contains no asbestos, materials, or condition-survey information and supports no asbestos claim. Several MARAD image captions mislabel the hull as 'Frontier (AD-85)' - caption defect noted, milestones unaffected. Sale date here (1975-04-18) controls over secondary 'sold 1 July 1974' framings (see gaps).
- Atlas source
- true
- Evidence ID
- ev-uss-frontier-ad25-05
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[6]Shipscribe (Stephen S. Roberts), USS Klondike (AD-22) class page - construction/disposition tables and class notes compiled from Navy contract/BuShips records [other_primary]
- Locator
- shipscribe.com/usnaux/AD/AD22.html - Construction table (AD-25 row), Class Notes, and Disposition table
- Finding type
- historical_record
- Finding
- Resolves the builder-attribution conflict in official sources: DANFS names 'Todd Shipyards, San Pedro' while MARAD and NavSource name Los Angeles Shipbuilding and Drydock Corp. The class record documents that the Navy awarded the four-ship contract to Los Angeles Shipbuilding and Drydock Corp. on 2 December 1942; the yard fell behind schedule, the Navy requisitioned it on 3 December 1943 and placed it under Todd Shipyards Corp. as managing agent (9 December 1943), then converted Todd to independent contractor with a new contract 10 July 1944. Frontier's keel was laid 16 August 1944 - after the requisition - so 'Todd Shipyards' (operator at launch/completion) and 'Los Angeles Shipbuilding and Drydock' (corporate yard/MARAD builder field) describe the same San Pedro facility. Construction table: keel 1944-08-16, launch 1945-03-25, commission 1946-03-02; disposition table: decommission 1968-06-28, strike 1972-12-01, title transfer 1969-08-31, MA sale 1975-04-18. Class design: Navy C3, near-duplicate of Cascade (AD-16) using ~90 percent of Markab (AD-21) conversion working plans.
- Verification
- verified
- Role
- correction
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1942-1975
- Limitations
- Private research compilation of official records - used only to reconcile the DANFS-vs-MARAD builder labels and to supply keel date corroborated by NavSource; treated as a finding aid, not a primary document. Contains no asbestos information.
- Atlas source
- true
- Evidence ID
- ev-uss-frontier-ad25-06
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[7]Batch-455 search ledger (this record): DANFS (HyperWar mirror), MARAD ShipHistory 1770, NavSource AD-25 page, shipscribe class record, VA BVA decisions, litigation sweep (Pelton located via Justia/exa mirrors; CourtListener API rate-limited), NARA logbook guidance [other_primary]
- Locator
- search_ledger rows sl-uss-frontier-ad25-01 through sl-uss-frontier-ad25-10
- Finding type
- historical_record
- Finding
- No ship-specific asbestos material record located: no asbestos survey, abatement contract, or hazmat disclosure exists for this hull in the public sources searched, and none is expected from the museum/NRHP channel because the hull was scrapped in 1975. Ship-specific asbestos documentation is limited to two adjudication-stage records: the Pelton summary-judgment order (testimony and expert affidavit; exposure not adjudicated at trial) and BVA Citation 1715957 (rating-probability classification; claim denied for lack of disease). No additional case naming the hull was located in accessible sources; the CourtListener-native sweep is logged as blocked (rate limit), not completed (see search_ledger).
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 2026-09-19
- Limitations
- Absence of a located record does not prove absence of asbestos aboard - a 1944-46 steam-plant tender is era-consistent with installed asbestos materials, and the litigation record supports gasket/packing work aboard. Equally, the litigation-stage record does not establish a trial finding of exposure. Does not establish or defeat any claim of exposure, causation, or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-frontier-ad25-07
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[8]NARA, 'Logbooks of the US Navy at the National Archives' - post-1941 deck logs, RG 24 (Records of the Bureau of Naval Personnel), Entry 118, NAID 581208, held at National Archives at College Park; BuShips construction records (RG 19) for the 2 Dec 1942 contract as an additional lead [other_primary]
- Locator
- archives.gov/research/military/logbooks/navy (post-1941 holdings: RG 24 Entry 118, NAID 581208, College Park)
- Finding type
- historical_record
- Finding
- Archival lead (not retrieved - requires research-room work or reproduction order; no spend authorized): USS Frontier's deck logs for 1946-1968 are within RG 24 Entry 118 (post-1941 Navy logbooks) at NARA College Park; Vietnam-era logs were scanned under the VA/Blue Water Navy digitization program and are being added to the NARA Catalog in batches. Deck logs would document underway periods, tender-nest assignments, and yard availabilities (Long Beach, San Francisco, Puget Sound) relevant to any maintenance-disturbance analysis. BuShips contract/construction records (RG 19) for the Los Angeles Shipbuilding award are the potential path for outfitting/insulation specifications.
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- context_only
- Accessed
- 2026-09-19
- Study period
- 1946-1968 records
- Limitations
- Record-group mapping only - no box-level retrieval performed; whether Frontier's logs or construction files contain asbestos-relevant entries is unknown until surveyed. Nothing in this row is an asbestos finding.
- Atlas source
- true
- Evidence ID
- ev-uss-frontier-ad25-08