Evidence
9 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-9).
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[1]Berry v. Crown Cork & Seal Co., Inc., 103 Wn. App. 312, 14 P.3d 789 (Wash. Ct. App. 2000) - No. 44546-4-I, decided 2000-07-17, publication ordered 2000-09-20, amended 2000-11-17 [court_record]
- Locator
- Opinion at 103 Wn. App. 312, Facts section ('Evidence of Berry's Exposure to Asbestos Products') and Discussion Part B (1942 ship-specific debate); CourtListener opinion 2516546. Opinion text verified via a mirror of the published opinion - CourtListener opinion pages sit behind AWS WAF and the v4 opinions endpoint requires authentication.
- Finding type
- litigation_documented
- Finding
- Published appellate opinion documents that James Berry, a machinist at Puget Sound Navy Yard in 1942 and 1945-1950, worked aboard 'a number of ships, including the Nevada and Saratoga' - the opinion expressly ties the Saratoga work to 1942 - and 'worked around insulators who used insulation materials that created substantial amounts of dust.' Berry died of mesothelioma. His estate sued Saberhagen Holdings as successor to distributor Charles R. Brower Co.; the trial court granted summary judgment for the defendant and the Court of Appeals REVERSED, holding plaintiffs' evidence (including yard-level testimony that Brower supplied asbestos pipe covering and asbestos sheets to PSNS) raised a genuine issue of material fact on exposure, and remanded for trial. Only USS Saratoga (CV-3) was in commission during Berry's tenure; CV-3 was at the Bremerton yard February-May 1942 per DANFS.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- Alleged exposure 1942 (ship-specific) and 1945-1950 (yard tenure); opinion filed 2000
- Population
- PSNS machinist working aboard USS Saratoga (CV-3) during her 1942 repair availability; mesothelioma
- Limitations
- Summary-judgment-stage record: the appellate opinion recites plaintiffs' evidence and finds a triable issue - it is not an adjudicated finding that exposure occurred aboard the hull, and the question whether Brower-distributed products were 'on the Nevada and the Saratoga' was expressly the disputed point left for trial. The opinion names 'Saratoga' without a hull number; identification as CV-3 is by elimination (no other USS Saratoga in commission 1942-1950; CV-3 documented at Puget Sound Feb-May 1942). No asbestos product or material aboard the hull itself is identified; the dust-producing insulation work is described only at yard level.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-01
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[2]Delgado, Lenihan & Murphy, 'The Archeology of the Atomic Bomb: A Submerged Cultural Resources Assessment of the Sunken Fleet of Operation Crossroads at Bikini and Kwajalein Atoll Lagoons,' NPS Submerged Cultural Resources Unit, Southwest Cultural Resources Center Professional Papers No. 37 (1991) [nps]
- Locator
- SCRU report ch. 3 (Saratoga characteristics) and ch. 4 site description 'USS Saratoga' (pp. ~98-128 in the PDF)
- Finding type
- historical_record
- Finding
- NPS Submerged Cultural Resources Unit dive surveys (July-August 1989, April-May 1990) documented the wreck of Saratoga - the principal focus of the assessment - as 'virtually intact,' lying upright in ~180 feet of water in Bikini Lagoon with the island and mast visible from the surface; detailed documentation of blast damage (collapsed funnel, dished shell plating, flight-deck collapse near the 1945 kamikaze repair area), surviving armament and aircraft (SBF-4E Helldivers and a TBM-3E aboard at sinking), live ordnance, and slow fuel-oil seepage from bunkers. The report reconstructs her 1945-46 configuration from Bureau of Ships microfilmed plans of her May 1945 Bremerton refit.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1989-1990 field seasons; report March 1991
- Population
- n/a (wreck condition documentation; contemporary dive teams)
- Limitations
- Documents the wreck's physical condition and contents, not fiber content: the survey examined few interior spaces and does not characterize insulation materials. It does not establish presence or absence of asbestos, quantity, or condition of any insulation remaining aboard.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-02
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[3]Same NPS SCRU report - diving-hazards and environmental-hazards chapters ('Special Diving Hazards: Explosives and Radiation'; 'Environmental Hazards Posed by Ships') [nps]
- Locator
- SCRU report ch. 6 hazard sections; full-text search of report PDF for 'asbestos' returned zero occurrences (verified 2026-09-19)
- Finding type
- environmental_record
- Finding
- The authoritative federal survey of the wreck assesses hazards from live ordnance, residual radiation (beta/gamma instrument dives by the NPS team found background-level readings), and fuel-oil pollution from deteriorating bunkers. The full 1991 report text contains no mention of asbestos anywhere - including the Saratoga site description and the environmental-hazard analysis - so the wreck's asbestos status is undocumented by the only government condition survey ever conducted on the hull.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1989-1991
- Population
- Prospective wreck divers; lagoon environment
- Limitations
- Absence of mention is not absence of material: a 1927 steam-era hull would have carried era-standard insulation, and the survey did not set out to characterize it. This row records only that the located federal wreck assessment does not address ACM; it does not establish that asbestos is or is not present.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-03
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[4]DANFS, Saratoga V (CV-3) - construction, specifications, battle damage, yard periods, Operation Crossroads sinking (verbatim transcription; live NHHC page unavailable). Wayback capture of retired NHHC page: web.archive.org/web/20120123131351/http:/www.history.navy.mil/danfs/s6/saratoga-v.htm [nhhc_danfs]
- Locator
- DANFS entry, specifications block and service narrative; NavSource CV-3 index chronology (suspension/conversion dates) and photo captions for yard attribution (Hunters Point, 2 Jan 1944)
- Finding type
- vessel_history
- Finding
- Documented exposure-relevant events for this hull: built at New York Shipbuilding, Camden, 1920-1927 (laid down as battle cruiser CC-3 25 Sep 1920; construction suspended 8 Feb 1922 and conversion ordered under the Washington Treaty, reclassified CV-3 on 1 Jul 1922 per NavSource chronology; launched 7 Apr 1925; commissioned 16 Nov 1927); prewar modernization at Bremerton Navy Yard Jan-Apr 1941; torpedo hit (11 Jan 1942) followed by Bremerton repairs and anti-aircraft rearmament, departing Puget Sound 22 May 1942; torpedo hit (31 Aug 1942) with repairs at Tongatapu then Pearl Harbor (arrived 21 Sep, departed 10 Nov 1942); overhaul at San Francisco (Hunters Point per NavSource photo captions) 9 Dec 1943-3 Jan 1944; Bremerton repairs Jun-Sep 1944; five kamikaze hits plus a bomb off Iwo Jima (21 Feb 1945; 123 dead or missing) followed by Bremerton repairs 16 Mar-22 May 1945; Magic Carpet service; then Operation Crossroads - survived Test Able (1 Jul 1946) with minor damage, sunk by the Test Baker underwater burst (25 Jul 1946), stricken 15 Aug 1946. Seven battle stars.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1920-1946
- Population
- New York Shipbuilding trades (1920-27); Bremerton, Hunters Point, and Pearl Harbor yard trades; crew (1927-1946)
- Limitations
- The construction, damage, and yard events are ship-specific and documented; the asbestos rip-out and re-insulation scope of each availability is inferred from era practice, not documented per-hull. Does not establish exposure for any individual worker or crewmember.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-04
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[5]DANFS Saratoga V (CV-3) specifications block + NPS SCRU report engineering summary (16 White-Forster oil-fired boilers; GE turbo-electric drive; 8 motors on 4 shafts; 180,000 shp) [nhhc_danfs]
- Locator
- DANFS specifications; SCRU report ch. 3 characteristics section
- Finding type
- asbestos_application
- Finding
- Saratoga was built 1920-1927 with a sixteen-boiler steam plant driving a turbo-electric plant - squarely in the era when the U.S. Navy lagged boilers, steam lines, and machinery with asbestos-containing insulation and used asbestos gaskets, packing, deck tile, and bulkhead/cable insulation as standard practice on steam warships. Her battlecruiser-derived hull and machinery spaces were insulated to those era standards.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-19
- Study period
- 1920-1946
- Population
- Construction trades (1920-27); crew across the commission (1927-1946); repair-yard trades at every availability
- Limitations
- Class/era inference only - no hull-specific insulation survey or construction materials list was located, and none can be generated post-1946. Names era-standard applications, not confirmed installed materials on this hull; no quantity; present-day material aboard the wreck is undocumented.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-05
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[6]UNESCO World Heritage List, Bikini Atoll Nuclear Test Site (inscribed 2010, ref. 1339; Decision 34 COM 8B.20) [other_primary]
- Locator
- WHL listing text and Decision 34 COM 8B.20; nomination PDF whc.unesco.org/uploads/nominations/1339.pdf
- Finding type
- historical_record
- Finding
- The wreck of Saratoga lies within, and is part of the stated tangible evidence of, the UNESCO-inscribed Bikini Atoll Nuclear Test Site - the listing's statement of outstanding universal value cites 'the sunken ships sent to the bottom of the lagoon by the tests in 1946'; the nomination document features Saratoga specifically (elevation drawing and dive figures). The site is protected under the Republic of the Marshall Islands Historic and Cultural Preservation Act (1991).
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 2010
- Population
- n/a (heritage designation)
- Limitations
- Documents the wreck's international designation and RMI legal protection only; contains no asbestos or hazardous-materials characterization of the hull.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-06
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[7]DANFS Saratoga V (CV-3) + NPS SCRU report + NavSource CV-3 index - all documenting CV-3 as a Lexington-class aircraft carrier, in commission 1927-1946 [nhhc_danfs]
- Locator
- DANFS CV-3 entry (commissioning/class data); SCRU report ch. 3; NavSource CV-3 index; en.wikipedia.org/wiki/USNS_Range_Tracker_(T-AG-160) for the Skidmore Victory namesake lead
- Finding type
- vessel_history
- Finding
- Source-list correction verified: the intake hull list classified USS Saratoga (CV-3) as 'Missile Range Ship' (era 'Vietnam'). That classification is wrong - DANFS, the NPS SCRU assessment, and NavSource all document CV-3 as a Lexington-class aircraft carrier commissioned in 1927, a World War II combatant (seven battle stars), expended as a Crossroads target at Bikini in July 1946. No missile-range instrumentation ship named Saratoga ever existed; the probable confusion vector is USNS Range Tracker (T-AGM-1), built as SS Skidmore Victory and named for Skidmore College in Saratoga Springs, N.Y. The Forrestal-class USS Saratoga (CV-60, commissioned 1956) is a different, later hull.
- Verification
- verified
- Role
- correction
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 2026-09-19
- Population
- n/a (data correction)
- Limitations
- Corrects a source-list misclassification only; the classification error is in the project's intake data, not in any official record.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-07
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[8]Batch-226 search ledger (this record): DANFS, NPS SCRU report (full-text searched), NavSource, CourtListener API v4 (name + hull-number + context queries), UNESCO WHC [other_primary]
- Locator
- search_ledger rows sl-uss-saratoga-cv3-01 through sl-uss-saratoga-cv3-09
- Finding type
- historical_record
- Finding
- No ship-specific asbestos material record for this hull was located, and none can exist in the usual categories: Saratoga sank intact in 1946 and was never decommissioned, mothballed, or scrapped, so there is no hull survey, abatement contract, donation-condition hazmat disclosure, or dismantlement-waste accounting to find. In litigation, no opinion identifies a specific asbestos product aboard this hull - the only qualifying case (Berry) is a workplace-level exposure allegation at summary-judgment stage.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 2026-09-19
- Limitations
- Absence of a located public record does not prove absence of asbestos aboard - on era grounds it is expected, but it is unproven at hull level. Does not establish or defeat any claim of exposure or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-08
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[9]NPS SCRU report field-methods section: Bureau of Ships microfilmed plans showing Saratoga's last pre-Crossroads refit at Bremerton Naval Shipyard, May 1945, were obtained and used for wreck documentation [nps]
- Locator
- SCRU report ch. 1/4 methodology passages ('plans showing Saratoga's last pre-Crossroads refit at Bremerton Naval Shipyard in May 1945 was obtained')
- Finding type
- historical_record
- Finding
- Bureau of Ships microfilmed plans of Saratoga's final (May 1945) Bremerton refit exist and were used by the NPS team - a surviving primary record of the hull's material configuration. NARA RG 181 (Puget Sound Navy Yard) work orders and RG 19 (BuShips) records are the unresolved leads for what materials were removed or installed in her 1941-45 availabilities.
- Verification
- verified
- Role
- archival_lead
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1945 records; 1989-90 survey use
- Population
- n/a (archival lead)
- Limitations
- Existence of the plan set is verified by the NPS report's use of it; the plans' content is not claimed - they were not pulled for this batch. No lead located that would itemize insulation materials aboard.
- Atlas source
- true
- Evidence ID
- ev-uss-saratoga-cv3-09