Evidence
11 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-11).
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[1]research packet lx-packet.md (9 sources cited) [other_primary]
- Finding type
- vessel_history
- Finding
- Identity packet verdict: VERIFIED — real identity: USS Harry E. Yarnell
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Evidence ID
- uss-harry-e-yarnell-dlg17-pkt-lx-packet-md
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[2]Douglass v. Air & Liquid Systems Corp. et al. (Imo Industries, Foster Wheeler LLC, Warren Pumps LLC), BCD-CV-13-035 (Me. Bus. & Consumer Ct., Cumberland Cnty.), Order on Defendants' Motions for Summary Judgment, 9 July 2015 (Murphy, J.); indexed in Maine Superior Court opinions database case_id 4555 [court_record]
- Locator
- Material Facts section (Lowell recollection of Yarnell/Gridley machinery spaces; 'The Yarnell was built at BIW and delivered to the Navy on January 25, 1963'); Discussion A (Product Nexus) pp. 8-10; Conclusion p. 13
- Finding type
- litigation_documented
- Finding
- Summary-judgment order in a mesothelioma survival/wrongful-death suit by the estate of Arthur Douglass Jr., a Bath Iron Works stagebuilder (June 1958-1990s) diagnosed April 2012 and deceased July 2012. Former BIW Chief Operating Engineer William Lowell specifically recalled Douglass working in the machinery spaces on the Yarnell and the Gridley (both Leahy-class hulls built at BIW) and testified that defendants had asbestos-containing products on both ships. The court found the circumstantial record sufficient for a factfinder to rationally conclude exposure and DENIED defendants' summary-judgment motions on negligence and loss of consortium (GRANTED on strict-liability failure-to-warn). QUALIFYING ship-specific asbestos litigation naming this hull.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1958-1963 (alleged exposure window aboard this hull); 2013-2015 (litigation)
- Population
- BIW stagebuilder 1958-1990s; alleged exposure aboard Yarnell during construction period ending Jan 1963; mesothelioma
- Limitations
- Pretrial summary-judgment-stage ruling - the less-final stage under batch discipline. Recitals are statements of material fact accepted arguendo; the nexus holding means a jury could rationally conclude exposure, not that exposure or product presence was adjudicated. Ship identification rests on Lowell's testimony plus his review of per-ship BIW equipment lists - testimony, not a trial finding. Outcome beyond the order (trial or settlement) not located. Establishes nothing about present-day conditions or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-01
-
[3]Douglass v. Air & Liquid Systems Corp., BCD-CV-13-035 (Me. Bus. & Consumer Ct. 2015), statement-of-material-fact recitals (Pls.' Addt'l S.M.F. paras. 52-56, 67-72) and Lowell testimony [court_record]
- Locator
- Material Facts pp. 3-4 (equipment paragraphs); Discussion pp. 9-10
- Finding type
- litigation_product_id
- Finding
- Same order identifies defendant product lines alleged aboard this hull: DeLaval (corporate predecessor of defendant Imo) pumps, auxiliary turbines, turbine generators, and propulsion turbines 'would have been externally covered with asbestos'; Warren pumps (bilge, fuel-oil) 'would have included asbestos gaskets and packing' (all Warren equipment in the 1950s-60s); Foster Wheeler boilers 'would have contained external asbestos insulation.' Lowell testified the defendants had asbestos-containing products on the Yarnell and the Gridley based on his regular review of equipment lists for each ship BIW constructed.
- Verification
- partial
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1960-1963 (equipment installation window); 2015 (order)
- Population
- BIW construction trades aboard Yarnell 1960-1963
- Limitations
- Product identification is testimonial and era-inferential ('would have been') anchored by Lowell's equipment-record review - sufficient to defeat summary judgment on product nexus but unadjudicated by any factfinder. Does not quantify material aboard, does not establish which units remained at delivery, and is not a survey of the as-built ship. Court separately granted strict-liability summary judgment to defendants (no duty to warn of third-party asbestos insulation under Maine law).
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-02
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[4]Redman v. A.W. Chesterton Company et al., No. 3:08-cv-03013-JSW (N.D. Cal.), notice of removal with attached state-court complaint (S.F. Superior CGC-08-274617), ECF No. 1 (filed 2008-06-18; docket terminated 2009-02-02) [court_record]
- Locator
- ECF No. 1 notice of removal PDF pp. 16-18 (jobsite table, 'USS HARRY E YARNELL' row); caption 'COMPLAINT FOR SURVIVAL/WRONGFUL DEATH AND LOSS OF CONSORTIUM - ASBESTOS'
- Finding type
- litigation_documented
- Finding
- Asbestos survival/wrongful-death complaint (Paul & Hanley master-complaint form) for decedent Ronald Redman alleging occupational exposure to asbestos-containing dust at listed jobsites; the attached jobsite table names 'USS HARRY E YARNELL' among ~28 vessels with employer 'Norfolk Naval Shipyard' and a uniform exposure window 1/1/1974-12/31/1984. QUALIFYING ship-specific asbestos litigation naming this hull at the pleading stage.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1974-1984 (alleged exposure); 2008-2009 (litigation)
- Population
- Alleged Norfolk Naval Shipyard worker aboard multiple vessels 1974-1984; asbestos-related disease (decedent)
- Limitations
- Pleading allegation only - the least-final litigation stage. The jobsite table is boilerplate master-complaint material (uniform date range applied to ~28 ships) and is not evidence that the decedent actually worked aboard this hull. The recited 1974-1984 window does not match this hull's only documented long NNSY availability (June 1987-August 1988 NTU overhaul), though shorter port periods are possible. Case terminated 2009-02-02; disposition (settlement vs. dismissal) not located. Establishes nothing about materials aboard.
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-03
-
[5]CourtListener API v4 sweep 2026-09-29: opinion searches 'Harry E. Yarnell' (0), 'USS Harry E. Yarnell' (0), 'USS Yarnell' (0), 'DLG-17' (0), 'CG-17' (1 - FCC identifier collision), bare 'Yarnell' (1,374 - all surname/firm collisions in sampled results); docket search 'Harry E. Yarnell' (3: Redman asbestos PI docket; DPH Holdings 05-44481 and Motors Liquidation 09-50026 bankruptcies matching claimant-filed exposure exhibits) [court_record]
- Locator
- CourtListener API v4 type=o and type=r results (fleet-paced authenticated queries); Redman ECF 1 pp. 16-18
- Finding type
- litigation_documented
- Finding
- No qualifying adjudicated opinion naming this hull exists in the CourtListener corpus. All name and hull-number opinion queries returned zero ship-related results or identifier collisions. The only qualifying ship-specific asbestos matter located is pretrial material (Douglass MSJ order - Maine state court, not CL-indexed; Redman complaint ship list - pleading). Bankruptcy-docket hits are claimant-submitted exposure histories filed as exhibits to asbestos-claim objection omnibus materials - claimant allegations, not judicial findings.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 2008-2009 (Redman); 2005-2021 (bankruptcy dockets)
- Limitations
- CourtListener does not index Maine Business & Consumer Court orders or most state trial orders; absence of an opinion hit does not equal absence of litigation (Douglass proves a qualifying state-court record outside CL). Bankruptcy exhibit matches were classified at pleading level without fetching each multi-part exhibit volume - the matched text is within claimant questionnaire material, pattern verified on Redman via document-level OCR.
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-04
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[6]DANFS, Harry E. Yarnell (DLG-17), Vol. 3 pp. 257-258 (1968) with post-1990s addendum (verbatim transcription - live NHHC page serves 404) [nhhc_danfs]
- Locator
- DANFS entry, specifications block + full service narrative + bracketed post-1990s addendum
- Finding type
- vessel_history
- Finding
- DANFS record for this hull: laid down 31 May 1960 by Bath Iron Works, Bath, Maine; launched 9 December 1961, sponsored by Mrs. Philip Yarnell; commissioned 2 February 1963 at Boston Naval Shipyard, Capt. Charles E. Nelson commanding. Second 'double-end' Leahy-class guided-missile frigate; Terrier SAM fore and aft plus ASROC. April 1963 Thresher search diversion; Guantanamo standardization/acoustical trials Oct-Nov 1963; first Atlantic crossing Sept 1964 (NATO ASW, Arctic Circle, Amsterdam), Med through Feb 1965; second Med deployment Oct 1965-Mar 1966 incl. 3 Jan 1966 Black Sea transit; third Med deployment early 1967. Reclassified CG-17 30 June 1975. Addendum: decommissioned and stricken 29 October 1993; to MARAD 15 February 1994 (James River Reserve Fleet); sold to Northern Metal NYC for $294,692.34 for scrapping at Quonset Point RI (Northern Metal subcontractors 'had been closed for polluting the environment'); scrapping contract terminated December 1996; repossessed by Navy 7 January 1997 and towed to Inactive Ship Facility Philadelphia.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1960-1997
- Population
- BIW construction trades 1960-63; crew 1963-1993; shipyard workers at recurring availabilities
- Limitations
- DANFS documents service history and disposal, not materials or asbestos content. The addendum's date ordering is internally inconsistent ('returned to the Navy 14 April 1995' yet 'sold 16 February 1995') - see gaps. Mirror transcription cited because the live NHHC DANFS page returns 404 (standing link-rot pattern).
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-05
-
[7]USS Harry E. Yarnell (CG-17) Command History Reports for 1989 and 1990, submitted under OPNAVINST 5750.12D (transmittal 7 June 1990 and 18 Jan 1991); NHHC FOIA-release PDF (live URL 404; Wayback capture 2024-07-15) [other_primary]
- Locator
- CHR 'SHIP'S HISTORY' narrative pp. 5-6 of PDF text; propulsion paragraph; 1990 chronology enclosure
- Finding type
- vessel_history
- Finding
- Official command history for this hull: four 1,200-psi Babcock & Wilcox boilers, two shafts, ~85,000 shp, 30+ knots; crew 'over 400 officers and men.' Documents yard availabilities: out-of-commission modernization at Bath, Maine Feb 1968-Jul 1969 (recommissioned Boston 12 Jul 1969); Philadelphia Naval Shipyard one-year complex overhaul from Jan 1974; Charleston Naval Shipyard overhaul Jan 1979-Feb 1980; Norfolk Naval Shipyard, Portsmouth, VA, Jun 1987-Aug 1988 for New Threat Upgrade installation. 1990 ops incl. BALTOPS '90, drydock aboard USS Sustain (AFDM-7) Aug-Oct 1990, Caribbean counter-narcotics ops late 1990. No asbestos content appears in the document.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1963-1990
- Population
- Crew ~400+; yard workers at four documented availabilities
- Limitations
- Primary ship-generated record of history and yard periods; contains no asbestos statement - asbestos relevance is limited to documenting when and where the hull was under yard work (insulation-disturbance context only, not ACM evidence). OCR of the scanned FOIA PDF is degraded; the transmittal letter's 'Portsmouth Naval Shipyard' is read against the ship's-history narrative 'Norfolk Naval Shipyard, Portsmouth, Virginia' (NNSY carried).
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-06
-
[8]In re All Maine Asbestos Litigation (BIW Cases), 575 F. Supp. 1375 (D. Me. 1983) (government-contract-defense Phase I ruling); companion 651 F. Supp. 913 (D. Me. 1986) (U.S. FTCA/discretionary-function ruling noting Navy-inspector asbestos-precaution issues at BIW); reporter citations carried - no verified stable URL [court_record]
- Locator
- 575 F. Supp. 1375 at 1376-77 (~230 actions; BIW and PNS employees); 651 F. Supp. 913 at 921, 925 (Navy inspectors and asbestos precautions at BIW)
- Finding type
- litigation_documented
- Finding
- Builder-yard asbestos litigation documented at class level: the consolidated Maine asbestos MDL comprised roughly 230 actions by present/former employees of Bath Iron Works and Portsmouth Naval Shipyard (Kittery) alleging exposure during employment, spanning approximately 1940-1980 - a window fully containing this hull's 1960-63 BIW construction and 1968-69 Bath modernization. Douglass (ev-01) adds a BIW-context finding that asbestos was used at the yard in naval warship construction during the decedent's tenure.
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-29
- Study period
- ~1940-1980 (exposure window litigated); 1983-1987 (MDL rulings)
- Population
- BIW and PNS (Kittery) yard workforce ~1940-1980
- Limitations
- Yard-level context only - documents asbestos litigation concerning the builder yard's workforce across the construction era, not exposure aboard this specific hull and not a finding that any Yarnell worker was exposed. Portsmouth Naval Shipyard plaintiffs in the MDL concern the Kittery, Maine submarine yard, not Norfolk Naval Shipyard, Portsmouth VA. Class/era evidence may prioritize research but never becomes a ship-specific finding.
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-07
-
[9]DANFS specifications block (Leahy class; four-boiler steam plant per CHR) + Atlas shipyard dataset records for the hull's five documented yards (Bath Iron Works; Boston, Philadelphia, Charleston, and Norfolk Naval Shipyards) [other_primary]
- Locator
- DANFS specifications block; shipyards.json yard_id records bath-iron-works, boston-naval-shipyard, philadelphia-naval-shipyard, charleston-naval-shipyard, norfolk-naval-shipyard
- Finding type
- asbestos_application
- Finding
- Era inference: early-1960s construction of a four 1,200-psi boiler, ~85,000-shp steam cruiser at BIW (1960-63) falls inside the documented naval asbestos-insulation era; typical applications for such plants included boiler and turbine insulation, steam-line lagging, gaskets, packing, fireproofing, and deck coverings. All five documented availability yards carry asbestos-evidence records in the Atlas shipyard dataset (Boston tier 3; Philadelphia tier 3; BIW, Charleston, Norfolk tier 2).
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-29
- Study period
- 1960-1993
- Population
- BIW construction trades 1960-63; crew and yard workers at 1963-1993 availabilities
- Limitations
- Class/era and yard-dataset inference only - must not be read as installed-on-this-hull evidence. The ship-specific product claims for this hull are the pretrial recitals in ev-01/ev-02. No hull ACM survey or as-built material itemization is public.
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-08
-
[10]NavSource Online Cruiser Photo Archive, USS Harry E. Yarnell (DLG/CG-17) page 040117 (operational/building data block; March 2001 photographs of scrapping in drydock at Metro Machine, Philadelphia; 'Scrapping completed 17 APR 2002') [reputable_press]
- Locator
- NavSource page 040117, Operational and Building Data block; photo entries 04011725-26 (Metro Machine drydock, March 2001)
- Finding type
- vessel_history
- Finding
- Photographic and compiled archive record: keel laid 31 May 1960 by Bath Iron Works; launched 9 Dec 1961; commissioned 2 Feb 1963; reclassified CG-17 30 Jun 1975; sold for scrap with scrapping completed 17 April 2002. March 2001 contributor photographs show the ex-hulk being scrapped in drydock at the Metro Machine facility, Philadelphia (ex-Biddle visible in background).
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1995-2002
- Population
- Scrapping-yard workforce (Northern Metal Quonset Point 1995-96; Metro Machine Philadelphia 1997-2002)
- Limitations
- NavSource is a reputable volunteer naval-history archive, used here for the disposal-completion date the official record lacks; its 'decommissioned/stricken 29 DEC 1993' conflicts with DANFS (29 OCT) and is flagged, not carried. Photographs document dismantling in progress, not any hazmat or ACM handling - scrapping-era asbestos management is undocumented.
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-09
-
[11]Negative result set: no hull asbestos survey, abatement contract, museum hazmat disclosure, HAER documentation, NVR record, or MARAD disposal file located for this hull across NHHC, NVR, MARAD, LOC/HAER, and museum/veteran-association sweeps [other_primary]
- Locator
- search_ledger rows sl-02 (NVR), sl-11 (HAER/LOC), sl-12 (MARAD/disposal sweep), sl-13 (GAO HRD-80-2 blocked)
- Finding type
- historical_record
- Finding
- No qualifying ship-specific asbestos documentation outside litigation records was located. The hull was scrapped 1995-2002 without published ACM survey or disposal hazmat record; no HAER documentation exists for the ship; NVR dropped the disposed hull; MARAD custody (Feb 1994-Apr 1995) produced no located disposal file for this hull.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-29
- Study period
- 1960-2002
- Limitations
- Absence of a located record is not proof of absence - scrapping-era documentation may exist in NAVSEA/MARAD disposal files not publicly indexed, and Lowell's per-ship BIW equipment lists (ev-01 testimony) are an untraced archival lead.
- Atlas source
- true
- Evidence ID
- ev-uss-harry-e-yarnell-dlg17-10