Evidence
14 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-14).
-
[1]CourtListener opinion search: 'USS WORDEN' [court_record]
- Finding type
- litigation_documented
- Finding
- CourtListener opinion search 'USS WORDEN' returned 3 result(s) (2026-10-07); individual records not reviewed
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- context_only
- Limitations
- hit count only — underlying dockets/opinions not individually reviewed; name query may match same-named vessels
- Evidence ID
- uss-worden-cg18-cl-name-opinion
-
[2]CourtListener docket search: 'USS WORDEN' [court_record]
- Finding type
- litigation_documented
- Finding
- CourtListener docket search 'USS WORDEN' returned 211 result(s) (2026-10-07); individual records not reviewed
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- context_only
- Limitations
- hit count only — underlying dockets/opinions not individually reviewed; name query may match same-named vessels
- Evidence ID
- uss-worden-cg18-cl-name-docket
-
[3]CourtListener opinion search: 'CG-18' [court_record]
- Finding type
- litigation_documented
- Finding
- CourtListener opinion search 'CG-18' returned 2339 result(s) (2026-10-07); individual records not reviewed
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- ship_specific
- Limitations
- hit count only — underlying dockets/opinions not individually reviewed
- Evidence ID
- uss-worden-cg18-cl-hull-opinion
-
[4]CourtListener docket search: 'CG-18' [court_record]
- Finding type
- litigation_documented
- Finding
- CourtListener docket search 'CG-18' returned 70296 result(s) (2026-10-07); individual records not reviewed
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- ship_specific
- Limitations
- hit count only — underlying dockets/opinions not individually reviewed
- Evidence ID
- uss-worden-cg18-cl-hull-docket
-
[5]McIndoe v. Huntington Ingalls Inc. / Bath Iron Works Corp., 817 F.3d 1170 (9th Cir. Mar. 31, 2016) (published; Nos. 13-56762, 13-56764), affirming No. 2:12-cv-09639-RGK-SS (C.D. Cal., Klausner, J.) [court_record]
- Locator
- Opinion Parts I (facts, incl. Worden service 1966-67), IV.A (Sappington/Ay declarations; genuine issue on exposure), IV.B (substantial-factor failure); D.C. No. 2:12-cv-09639-RGK-SS
- Finding type
- litigation_documented
- Finding
- Published federal appellate disposition naming this hull in an asbestos exposure claim: the Ninth Circuit recites that 'James McIndoe served aboard two U.S. Naval ships which contained pipe insulation made from asbestos,' including 'the USS Worden, a guided missile cruiser built by Bath Iron Works Corporation (Bath) and commissioned in 1963,' where he served 1966-1967 and was allegedly present during maintenance involving removal of pipe insulation that released airborne fibers. Worden-specific record: shipmate Thomas Sappington declared there were 'thousands of feet of insulated pipe' in the fire rooms, that McIndoe was 'often' present during insulation removal creating visible dust, and (with qualifications the panel flagged) that much removed insulation was original; consultant Charles Ay declared 'virtually all' original insulation remained during McIndoe's tour and that he personally saw 'thousands of lineal feet' of asbestos-containing pipe insulation aboard the Worden in the mid-1960s. McIndoe died of mesothelioma 27 September 2011; heirs sued the builders in California state court (removed under 28 U.S.C. 1442(a)(1)). The panel held naval warships are not 'products' under maritime strict liability (first impression among the federal courts of appeals); held a genuine fact issue existed whether McIndoe was exposed to originally installed asbestos ('a jury could determine that McIndoe was exposed to originally installed asbestos'), but no genuine issue that such exposure was a substantial contributing factor; AFFIRMED summary judgment for both shipbuilders.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1966-1967 (alleged exposure); 2011 (death); 2012-2016 (litigation)
- Population
- Estate and heirs of James McIndoe (USN, USS Worden 1966-1967; mesothelioma); fire-room and engineering crews of the era
- Limitations
- Affirmed DEFENSE summary judgment - a merits-level negative for these plaintiffs, not an adjudicated finding of exposure or of causation: the exposure account was recited and found to raise a genuine fact issue, never tried to a verdict, and the appeal resolved against the heirs on substantial-factor causation. The 'contained pipe insulation made from asbestos' phrasing is the panel's recital in SJ posture (viewed most favorably to plaintiffs). Does not quantify or locate asbestos aboard today (hull sunk 2000), does not adjudicate which manufacturer's products were aboard, establishes causation for no individual, and speaks to no legal eligibility. Panel: Kozinski, O'Scannlain (author), Bybee.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-01
-
[6]DANFS, Worden IV (DLG-18), Vol. 8 pp. 471-474 (1981) + bracketed editorial note citing U.S. Naval Institute Proceedings May 1994 p.219 / May 1995 p.221 (verbatim HazeGray transcription - live NHHC page serves 404) [nhhc_danfs]
- Locator
- DANFS entry, specifications block + full service narrative + bracketed striking note
- Finding type
- vessel_history
- Finding
- DANFS record for this hull: laid down 19 September 1961 by Bath Iron Works Corp., Bath, Maine; launched 2 June 1962; sponsored by Mrs. William R. Smedberg III; commissioned at Boston 3 August 1963, Capt. Scott Lothrop. Two-month fitting-out at Boston Naval Shipyard; post-shakedown availability (Mar-May 1964) and restricted availability (Mar-Jun 1965) at Long Beach Naval Shipyard; first regular overhaul Jan-May 1968 at the San Francisco Bay Naval Shipyard (the 1965-70 merged Hunters Point + Mare Island entity); decommissioned at Bath Iron Works 10 November 1969 for the fleet-wide NTDS/AAW modernization, recommissioned there 16 January 1971; Yokosuka homeport from November 1971; repeated Gulf of Tonkin SAR/PIRAZ and carrier-escort deployments 1964-1973; damaged 16 April 1972 by two anti-radiation missiles inadvertently fired by U.S. support aircraft (one killed, nine seriously injured); TF 78 flagship during the Haiphong minesweep; redesignated guided missile cruiser (CG) by SECNAV directive dated 30 June 1975; Yokosuka regular overhaul (drydocked 20 Feb-22 Jun 1976; overhaul completed 6 Dec 1976); nine battle stars for Vietnam. Bracketed note: 'decommissioned and stricken from the Navy Register on 1 October 1993 at Pearl Harbor' (citing USNI Proceedings). Spec block: 7,903 t; 533'; 53' beam; 24'6" draft; 34 kt; complement 400; 2 Terrier launchers, ASROC, 4x3" guns, 6 TT; class Leahy.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1961-1993
- Population
- Bath Iron Works construction trades 1961-63; crew 1963-1993 (design complement 400)
- Limitations
- DANFS documents service history and specifications, not materials or asbestos content. The 1981 entry ends in early 1980; the decommission/stricken date comes from the transcriber's bracketed editorial note citing USNI Proceedings, not the DANFS text itself. Mirror transcription cited because the live NHHC page returns 404.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-02
-
[7]USS Worden (DLG-18), Command History 01 Jan - 31 Dec 1972, OPNAV Report 5750-1 (declassified), NHHC command-operation-reports archive [other_primary]
- Locator
- Enclosure (2) Narrative, April-May 1972 sections; chronology entries 16 APR - 08 MAY 1972
- Finding type
- vessel_history
- Finding
- The ship's own declassified 1972 command history: during the first major U.S. air strike on Haiphong since 1968, 'at 0357H, 16 April, WORDEN was damaged by two antiradiation missiles inadvertently fired by U.S. support aircraft' - BM3 Robert A. Sterling killed, nine injured (six airlifted to USS Tripoli); antennas and electronic equipment 'riddled with shrapnel.' Ten days' repair at Ship Repair Facility Subic Bay (arrived 18 April, departed 28 April), then restricted availability at SRF Yokosuka (16 May - 13 June) installing two replacement missile directors; thereafter Gulf of Tonkin SAR/AAW stations and escort for Coral Sea, Kitty Hawk, and Midway; both propellers replaced in Yokosuka drydock late October 1972.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1972
- Population
- USS Worden crew, 1972 WestPac deployment
- Limitations
- Primary Navy document hosted by NHHC. Documents battle damage and repair availabilities, not materials or asbestos content; yard-period asbestos scope is inference only. OCR of the scanned PDF is degraded in places - quoted text verified at lines cited.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-03
-
[8]Department of the Navy, 'Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Amendment,' 60 FR 22505 (May 8, 1995) (32 CFR Part 706; effective December 27, 1994) [federal_register]
- Locator
- 60 FR 22505, amendment item 8 (Table Five removals, USS WORDEN CG 18)
- Finding type
- regulatory
- Finding
- Federal Register final rule amending the Navy's 72 COLREGS certifications and exemptions at 32 CFR 706.2, directing removal of listed ships from the Tables - 'USS WORDEN ... CG 18' appears in the Table Five removal list alongside the other stricken Leahy-class cruisers. Official administrative confirmation of the hull's post-decommissioning disposal status.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1994-1995
- Limitations
- Administrative rulemaking only - confirms the hull left active COLREGS-exemption status after stricken; contains no asbestos, materials, or condition information.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-04
-
[9]USS Worden (CG-18), Command History for 1990, OPNAVINST 5750.12E report (declassified), NHHC FOIA release - indexed text; corroborated by navysite.de ship page [other_primary]
- Locator
- NHHC FOIA PDF (URL above; 400/404 at session time, indexed excerpt quoted); https://www.navysite.de/cg/cg18.htm
- Finding type
- vessel_history
- Finding
- The ship's 1990 command history (NHHC FOIA release, indexed excerpt): January 1990 chronology reads 'Continuation of extended Regular Overhaul (ROH) at Pearl Harbor Naval Shipyard (PHNSY)' and the narrative calls it 'its most extensive overhaul in many years at the Pearl Harbor Naval Shipyard' - the New Threat Upgrade-era ROH preceding her September 1990 Arabian Gulf deployment (Northern AAW picket, Desert Shield/Desert Storm). NavSource/navysite corroborate the Pearl Harbor homeport (3 September 1980), an earlier ~15-month PHNSY overhaul beginning late 1980 (Harpoon, Phalanx CIWS added), and the NTU ROH timeframe.
- Verification
- partial
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1980-1990
- Population
- USS Worden crew and PHNSY workers, 1988-1990 ROH
- Limitations
- The NHHC FOIA PDF is a primary document whose live URL returned 400/404 during this session; its content is carried from the search-index excerpt (verbatim quotes) plus secondary corroboration - full-text pull remains the open lead. navysite dates the NTU ROH completion January 1989, which conflicts with the CHR showing the ROH still in progress that month (carried in gaps). Yard-period asbestos scope is inference only.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-05
-
[10]NavSource Online, USS Worden (DLG/CG-18) photo archive incl. U.S. Navy photo caption DNSC0205646 (Don S. Montgomery, USN Ret., 4 June 2000); corroborating navysite.de and seaforces.org entries [other_primary]
- Locator
- NavSource page - Operational and Building Data block + photo 04011827 caption (DNSC0205646)
- Finding type
- vessel_history
- Finding
- Disposal record: after the 1 October 1993 decommissioning/striking at Pearl Harbor, ex-Worden was held in inactive-ships custody at the Naval Ships Intermediate Maintenance Facility, Middle Loch, Pearl Harbor (official USN photo caption, 4 June 2000: 'The Worden will be sunk on the 17th of June in a live fire missile shoot by units involved in Operation RIMPAC 2000'). Sunk as target 17 June 2000 during RIMPAC 2000 at 22 deg 57.1 min N, 160 deg 0.2 min W, ~2,560 fathoms; secondary accounts report an earlier scrapping contract was rescinded before the SINKEX.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 1993-2000
- Population
- Inactive-ships maintenance staff, Pearl Harbor 1993-2000
- Limitations
- NavSource is a volunteer photographic archive hosting an official DoD photo caption (DNSC0205646); no dedicated official SINKEX release or NVR disposition page was located (NVR detail page returns site chrome only for this disposed hull). Position/depth figures are concordant across NavSource and secondary compilations but not verified against an official sinking report. Asbestos fate of the hull (abatement before sinking vs. material sunk in place) is undocumented.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-06
-
[11]Shears v. ABB, Inc. et al. (Aurora Pump Co.), C.A. No. N19C-11-264 ASB (Del. Super. Ct., New Castle County; filed 27 November 2019; type CB - Asbestos) - official CourtConnect docket; ruling reported as Hutto/Shears letter decisions of Jan. 26, 2023 [court_record]
- Locator
- CourtConnect docket N19C-11-264 (caption, filing date, CB-ASBESTOS type); ruling reported Del. Super. Jan. 26, 2023
- Finding type
- litigation_documented
- Finding
- Official Delaware Superior Court docket verifies an asbestos personal-injury case (type CB - ASBESTOS) in which plaintiff Robert B. Shears's naval exposure allegations included service aboard USS Worden (CG-18). Per defense-counsel reporting (Eckert Seamans; Maron Marvel - uncitable sources used as leads only): plaintiff 'worked with the defendant's pumps numerous times' aboard USS Worden (CG-18); the court granted Aurora Pump summary judgment on 26 January 2023 under the DeVries 'bare metal' rule (no evidence he was first to work the pumps or that Aurora supplied asbestos gaskets, packing, or exterior insulation), and rejected as 'impermissibly speculative' plaintiff's use of a different vessel class's archive records to infer asbestos components aboard Worden.
- Verification
- partial
- Role
- archival_lead
- Documentation level
- ship_specific
- Accessed
- 2026-09-19
- Study period
- 2019-2023 (litigation)
- Population
- Robert B. Shears and Claire Shears; USN veteran, service era per complaint (1960s-70s framing)
- Limitations
- Docket verified at official CourtConnect; the Worden exposure allegation and the SJ outcome are described ONLY by defense-firm publications - the Superior Court letter opinion was not located in any free citable source, so substance is unverified against the court's own text. Per firm accounts this was a defense summary-judgment win - a merits-level negative for this plaintiff, not an exposure finding. Stage: trial-court SJ (pleadings/discovery resolved for defendant). Establishes nothing about materials aboard beyond the allegation itself.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-07
-
[12]NavSource machinery line for the Leahy class (85,000 shp geared turbines, 2 screws) + Atlas shipyard dataset, Bath Iron Works record (OSHA Inspection 101450294 asbestos citations, 1987; documented products incl. Kaylo pipe covering, asbestos felt, gaskets) [other_primary]
- Locator
- NavSource DLG/CG-18 'Machinery' line; shipyards.json record 'bath-iron-works' (OSHA Inspection 101450294)
- Finding type
- asbestos_application
- Finding
- Era/yard inference: a 1961-63 Leahy-class steam cruiser (geared steam turbines, ~85,000 shp, twin screw - the standard high-pressure steam plant of the era) built at Bath Iron Works falls squarely inside the documented naval asbestos era; typical applications for the type: boiler and steam-line insulation/lagging, turbine insulation, gaskets and packing, fireproofing, deck coverings. Builder Bath Iron Works is Atlas-documented at yard level (tier 2: OSHA 1987 asbestos-standard citations with an 80-percent bulk sample and a 1.71-F personal sample; documented asbestos products).
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-19
- Study period
- 1961-1993
- Population
- Bath Iron Works construction trades 1961-63; crew 1963-1993
- Limitations
- Class/era and builder-yard inference only - NOT a hull-specific finding; the ship-specific anchor for this record is the McIndoe litigation row (ev-01). The yard's OSHA documentation dates to 1987, ~24 years after this hull's delivery, and documents yard conditions, not materials installed aboard CG-18. Does not quantify material or establish any individual's exposure.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-08
-
[13]GAO, Navy Efforts To Protect Workers From Asbestos Exposure, HRD-80-2 (Oct 18, 1979) [gao]
- Locator
- GAO product page HRD-80-2
- Finding type
- gov_survey
- Finding
- GAO documented that the Navy used asbestos insulation extensively aboard ships and did not begin substituting alternative insulation materials until the early 1970s - placing CG-18's construction (1961-63), first commissioned service (1963-69), and NTDS modernization (1969-71) inside the documented asbestos-use era.
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-19
- Study period
- 1979
- Population
- Navy shipyard workers; asbestos program review
- Limitations
- Program-level documentation; supports era context only, not any fact specific to this hull. Full report text not retrieved (gao.gov blocks automated fetch, HTTP 403) - content via product-page description.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-09
-
[14]Batch-187 search ledger (this record): DANFS mirror; NHHC command-history archive; Federal Register/govinfo; ca9.uscourts.gov; Delaware CourtConnect; NavSource/navysite/seaforces; NVR (no displayed record); CourtListener (blocked); Wayback (blocked); law-firm/aggregator ship pages (excluded per sourcing rules) [other_primary]
- Locator
- search_ledger rows sl-uss-worden-cg18-01 through sl-uss-worden-cg18-10
- Finding type
- historical_record
- Finding
- No hull-specific asbestos survey, abatement record, materials inventory, or hazmat disclosure located for CG-18 in the public sources searched (see search_ledger). The hull was sunk as a target in 2000 - before a museum-disclosure channel could exist - and no pre-sinking environmental/abatement documentation was located. The only adjudicated litigation record naming the hull (McIndoe) recites asbestos-containing pipe insulation aboard but resolved in affirmed defense summary judgment; a second docket-verified asbestos case (Shears) is documented only through defense-counsel reporting. No affirmative adjudicated exposure finding located.
- 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 - era-standard applications are documented at class/era level and the McIndoe record recites asbestos pipe insulation aboard. Whether SINKEX preparation included abatement is undocumented; the EPA/Navy ship-sinking environmental review file for RIMPAC 2000 is an unretrieved lead.
- Atlas source
- true
- Evidence ID
- ev-uss-worden-cg18-10