Evidence
9 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-9).
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[1]research packet hd-packet.md (9 sources cited) [other_primary]
- Finding type
- vessel_history
- Finding
- Identity packet verdict: VERIFIED — real identity: USS Willis A. Lee
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Evidence ID
- uss-willis-a-lee-dd929-pkt-hd-packet-md
-
[2]In re Joint Eastern & Southern Districts Asbestos Litigation (McPadden v. John Crane-Houdaille, Inc.), 995 F.2d 343 (2d Cir. 1993) (McLaughlin, J.; argued 21 Jan 1993, decided 25 May 1993, Docket 92-9031); underlying: 798 F. Supp. 925 & 940 (E. & S.D.N.Y. 1992) (Sifton, J., NYAL-PH-8888) [court_record]
- Locator
- 995 F.2d 343 opinion, Background paras. 4-8, 16-17 (exposure testimony; damages table; verdict and reversal); reporter text at law.resource.org (F.2d public-domain mirror); CourtListener sweep fleet-pacing blocked - canonical cluster URL not retrieved
- Finding type
- litigation_documented
- Finding
- Published appellate opinion naming this hull: decedent Martin McPadden testified that beginning in 1957, while serving in the Navy aboard the U.S.S. Willis A. Lee, he worked as a fireman striker and later as a machinist's mate; 'Everything in the engine room was covered in insulation that contained asbestos. Among the insulation identified was Crane's encapsulated asbestos valve packing.' Reverse-bifurcated consolidated trial of 48 cases (from a 600+ case consolidation of power-station exposure claims): phase-one jury found the McPadden family suffered $5,917,781.85 total damages; McPadden settled with 16 defendants for $1,589,000; liability-phase jury found Crane 10% responsible for McPadden's death; judgment molded to $1,562,725.40 plus interest. The Second Circuit REVERSED and remanded for a new trial solely on Fed. R. Evid. 407 grounds - admission of deposition testimony that Crane placed warnings on its asbestos product after decedent's last exposure - an evidentiary error not touching the exposure proof. DD-929/DL-4 was the only U.S. Navy vessel of this name.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1957-1973 (alleged exposure windows incl. post-Navy sites); 1991-1993 (trial and appeal)
- Population
- Martin McPadden (USN fireman striker / machinist's mate aboard this hull from 1957) and estate; consolidated-trial claimants
- Limitations
- Litigation-stage discipline: the jury's damages and liability verdicts against Crane were VACATED on remand for a new trial on evidentiary (Rule 407) grounds - the reversal does not rest on insufficiency of the shipboard-exposure evidence, but no affirmed judgment exists. The recited testimony is sworn trial testimony reproduced in a published opinion, not an adjudicated fact surviving appeal. Ship service (from 1957) was one of several exposure settings - the consolidation criterion was power-station exposure; McPadden also worked at Con Edison (Astoria, Ravenswood, using Crane packing there), the GM Building, Exxon Building, and Orbach's. Post-remand disposition (retrial or settlement) not located. Does not quantify asbestos aboard or speak to other claimants' exposure.
- Atlas source
- true
- Evidence ID
- ev-uss-willis-a-lee-dd929-01
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[3]In re Joint Eastern & Southern Districts Asbestos Litigation, 798 F. Supp. 925 and 798 F. Supp. 940 (E. & S.D.N.Y., 28 July 1992, Sifton, J., No. NYAL-PH-8888) [court_record]
- Locator
- 798 F. Supp. 925 (post-verdict motions denied; McPadden damages and liability dates); 798 F. Supp. 940 (verdict molding), both docket NYAL-PH-8888
- Finding type
- litigation_documented
- Finding
- Paired district-court opinions disposing of post-trial motions in the 48-case consolidated asbestos trial that included the McPadden claim naming this hull: consolidated trial commenced 1 April 1991; McPadden damages award returned 15 August 1991; liability verdict returned 13 March 1992 finding Crane's equitable share of McPadden's injuries 10% (no punitive damages); post-verdict motions for judgment notwithstanding the verdict / new trial DENIED; judgment against Crane stayed pending a 17 August 1992 bench trial on whether a settlement agreement existed.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1991-1992
- Population
- McPadden estate and consolidated-trial parties
- Limitations
- Post-trial-motion dispositions - they preserve the trial posture (vacated on appeal per ev-01), not an appellate-affirmed finding. 798 F. Supp. 925 denies post-verdict relief; 798 F. Supp. 940 addresses verdict molding/settlement offsets. Exact pin-cite contents verified via published-reporter text mirrored on non-official aggregators (vLex/Justia/Syfert); CourtListener canonical IDs not retrieved this session (pacing blocked).
- Atlas source
- true
- Evidence ID
- ev-uss-willis-a-lee-dd929-02
-
[4]In re Joint Eastern & Southern Districts Asbestos Litigation (McPadden), 995 F.2d 343 (2d Cir. 1993) - trial testimony product identification [court_record]
- Locator
- 995 F.2d 343 opinion, Background para. 4
- Finding type
- litigation_product_id
- Finding
- Product identified aboard this hull in sworn trial testimony recited in a published opinion: 'Everything in the engine room was covered in insulation that contained asbestos. Among the insulation identified was Crane's encapsulated asbestos valve packing - a sealing product used to control or stop leakage from coming up through the shaft of a valve.' Product: John Crane(-Houdaille) encapsulated asbestos valve packing; location: engine room of USS Willis A. Lee; period: service beginning 1957.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1957 onward (ship service window)
- Population
- Engine-room personnel (fireman striker / machinist's mate roles)
- Limitations
- Testimony-level product identification only - the liability verdict against Crane was vacated on remand for evidentiary error (Rule 407), not on product-identification grounds. Identifies a product category (encapsulated asbestos valve packing) aboard the engine room; no quantity, installation date, or full-materials inventory established. The same witness testified to Crane packing exposure ashore at Con Edison Ravenswood - shipboard attribution rests on his recited testimony alone.
- Atlas source
- true
- Evidence ID
- ev-uss-willis-a-lee-dd929-03
-
[5]Board of Veterans' Appeals, Citation Nr. 0803605 (decision 31 January 2008), Docket 04-17 920 (St. Petersburg RO) [court_record]
- Locator
- BVA 0803605, 'Reasons and Bases' - pulmonary disorder section (engine-operator MOS; 'as though he was exposed' language; Hickson nexus analysis)
- Finding type
- litigation_documented
- Finding
- BVA decision naming this hull: the veteran (active duty August 1962 - February 1966, military occupational specialty engine operator) asserted asbestos exposure aboard U.S.S. John Willis and U.S.S. Willis A. Lee. The Board found his exposure testimony 'consistent with his military occupational specialty' and proceeded 'as though he was exposed to asbestos during service' - an arguendo assumption for analysis - then DENIED service connection: no diagnosed asbestos-related pulmonary disorder (emphysema and COPD are obstructive diseases, not the restrictive pattern of asbestos disease) and no medical nexus.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1962-1966 (service); 2003-2008 (claim)
- Population
- One Navy veteran claimant (engine operator, 1962-1966)
- Limitations
- Merits-level negative for this claimant, not exposure evidence: the Board never found exposure - it assumed it arguendo and denied on no-current-asbestos-disease grounds. Naming of the hull is the claimant's assertion recited in the decision. BVA decisions are nonprecedential administrative adjudications. A second surfaced BVA decision (0812954) was reviewed and excluded - it involves Mather Air Force Base exposure and does not name this hull (search-result name collision).
- Atlas source
- true
- Evidence ID
- ev-uss-willis-a-lee-dd929-04
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[6]DANFS, Willis A. Lee (DL-4) entry (NHHC page; live URL returns 404 - verbatim text verified against Wayback capture 2015-09-05 and the HazeGray DANFS mirror) [nhhc_danfs]
- Locator
- DANFS entry 'Willis A. Lee (DL 4)', specifications block + full service narrative
- Finding type
- vessel_history
- Finding
- DANFS record for this hull: laid down 1 November 1949 at Quincy, Mass., by the Shipbuilding Division of Bethlehem Steel Co.; reclassified destroyer leader DL-4 on 9 February 1951; launched 26 January 1952, sponsored by Mrs. Fitzhugh L. Palmer, Jr.; commissioned at Boston Naval Shipyard 5 October 1954, Comdr. F. H. Schneider. Homeport Newport, R.I.; Atlantic Fleet career; first of her type to deploy with the 6th Fleet (July 1955); reclassified frigate 1955; 1956 Dominican Republic and Agda rescue; 1957 King Ibn Saud transport, 'Windjammer' filming, International Naval Review, NATO exercises, first Arctic Circle crossing 20 September 1957; 1959 Operation 'Inland Sea' Great Lakes flagship (St. Lawrence Seaway); 1960 ComDesLant inspection cruise, Operation Springboard, LANTFLEX 2-60, Operation Sword Thrust (second Arctic Circle crossing); FRAM overhaul at Boston Naval Shipyard November 1960 for 'almost a year' (DASH helicopter hangar, topside ASW torpedo armament, Weapon Alfa mounts removed, bow-mounted sonar dome); Texas Tower No. 2 rescue and Hurricane Esther; 10 days on the Cuban 'quarantine line' October 1962; Boston NSY sonar alterations Jan-Feb 1963; Haitian-waters sonar evaluations and DesDevGru 2 (1963); 'extensive boiler repairs' at Boston NSY late 1963 - 29 April 1964; Exercise 'Steel Pike' flagship; Bethlehem Steel Shipyard East Boston restricted availability December 1964; lengthy Boston NSY engineering-plant overhaul and sonar modifications from 30 June 1965; fourth Mediterranean deployment November 1966 - 20 May 1967; out of commission December 1969; struck 15 May 1972; sold to Union Minerals and Alloys Corp., New York City; towed 5 June 1973; scrapped. Specification block: (DL-4) dp. 4,730; l. 493'0"; b. 50'0"; dr. 14'0"; s. 30 k.; cpl. 403; a. 2x5", 4x3", 8x20mm., 2 rkt. (Weapon 'Alfa'), 1 dct.; cl. Mitscher.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1949-1973
- Population
- Bethlehem Steel Fore River construction trades 1949-54; Boston Naval Shipyard workers across documented availabilities; crew 1954-1969 (design complement 403)
- Limitations
- DANFS documents service history, yard periods, and specifications - not materials or asbestos content. Yard events (commissioning availability, FRAM 1960-61, 1963 alterations, 1963-64 'extensive boiler repairs', Dec 1964 East Boston availability, 1965-66 engineering overhaul) are documented as events; their asbestos scope is inference, not documented. Internal date inconsistency: entry prints 'September 1960' for the FRAM emergence although the yard entry was November 1960 for 'almost a year' - contextually September 1961; carried in gaps. Live NHHC URL 404s; Wayback 2015-09-05 capture and HazeGray mirror are verbatim DANFS transcriptions.
- Atlas source
- true
- Evidence ID
- ev-uss-willis-a-lee-dd929-05
-
[7]DANFS yard-period record (as above) + Atlas shipyard dataset records 'fore-river-shipyard' (Quincy, MA; evidence_tier 3; documented asbestos products incl. boilers/pipes/turbines insulation, gaskets, packing, fireproofing; litigation incl. Oliver v. GE, D. Md. 1:16-cv-01057) and 'boston-naval-shipyard' (evidence_tier 3) [other_primary]
- Locator
- DANFS yard-period entries; shipyards.json records 'fore-river-shipyard' and 'boston-naval-shipyard'; class-profiles directory has no Mitscher-class profile
- Finding type
- asbestos_application
- Finding
- Era/yard inference: a Mitscher-class destroyer leader built 1949-54 around an experimental high-pressure steam plant would have carried period-standard asbestos boiler and turbine insulation, steam-line lagging, gaskets, packing, fireproofing, and deck coverings. Builder yard Fore River (Bethlehem Steel Shipbuilding Division, Quincy) is tier-3 documented in the Atlas yard dataset for asbestos products and worker litigation; Boston Naval Shipyard - commissioning yard and site of this hull's FRAM conversion, 1963-64 boiler repairs, and 1965-66 engineering overhaul - is likewise tier-3 documented at yard level. NARA RG 19 'General Information Books' / NavShips plan records and RG 24 deck logs are the archival leads for hull-level material specifications.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-28
- Study period
- 1949-1969
- Population
- Fore River construction trades 1949-54; Boston NSY repair workers 1954-1966 availabilities; crew 1954-1969
- Limitations
- Class/era and builder-yard inference only - the ship-specific findings for this hull are ev-01 through ev-04; this row adds construction-era and yard context, not an independent ship-specific finding. Mitscher-class machinery-trouble literature (repeated builders' trials, low-pressure turbines returned to manufacturer, boiler casualties) appears in secondary sources consistent with the DANFS-documented repair periods but is not carried as a finding. NARA retrieval not performed.
- Atlas source
- true
- Evidence ID
- ev-uss-willis-a-lee-dd929-06
-
[8]CourtListener API v4 sweep (type=o opinions; type=r RECAP dockets) - queries: 'USS Willis A. Lee', 'Willis A. Lee' asbestos, 'McPadden', 'DD-929', 'DL-4' hull-number forms [court_record]
- Locator
- search_ledger rows sl-uss-willis-a-lee-dd929-04 through -07
- Finding type
- litigation_documented
- Finding
- CourtListener sweep attempted but NOT executable this session: the fleet-wide pacing budget (shared ~114/hr across all sessions against the account's 2,800/day quota) was exhausted by concurrent sessions; repeated authenticated requests (5+ attempts across ~40 minutes) were refused by the pacing limiter - not retried into a ban per fleet guidance. Ship-naming litigation (McPadden, 995 F.2d 343; 798 F. Supp. 925/940; BVA 0803605) was located and verified through published-reporter text mirrors instead. The sweep's completeness is NOT established - additional docketed references to this hull may exist unlocated in RECAP.
- Verification
- partial
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 2026-09-28
- Limitations
- Blocked sweep, not a no-result finding. Do not read absence of additional CourtListener rows as absence of additional litigation. The located opinions are cited at reporter-mirror URLs pending a CourtListener pass to attach canonical cluster IDs.
- Atlas source
- true
- Evidence ID
- ev-uss-willis-a-lee-dd929-07
-
[9]NARA RG 24 deck logs (USS Willis A. Lee, 1954-1969) and RG 19 General Information Books / Bureau of Ships records - archival leads for hull-level material specifications and yard-period detail [other_primary]
- Locator
- NARA RG 24 (deck logs) and RG 19 (Bureau of Ships records)
- Finding type
- historical_record
- Finding
- Hull-level primary records that could resolve asbestos scope exist in federal archives but were not retrieved: NARA deck logs for this hull (1954-1969) document in-port yard periods, boiler work, and repair detail; NARA RG 19 Bureau of Ships 'General Information Books' and NavShips plan records are the standard lead for per-vessel material specifications for this era.
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1949-1973
- Limitations
- Archival leads only - contents not retrieved or inventoried for this record. Their existence is routine for hulls of this era; what they contain for DD-929/DL-4 is unverified.
- Atlas source
- true
- Evidence ID
- ev-uss-willis-a-lee-dd929-08