NOLAN v. JOHNS-MANVILLE ASBESTOS & MAGNESIA MATERIALS CO.

No. 77-724.

74 Ill. App.3d 778 (1979)

392 N.E.2d 1352

BILLIE IRENE NOLAN, Special Adm'x of the Estate of EDWIN L. NOLAN, JR., Deceased, Plaintiff-Appellant, v. JOHNS-MANVILLE ASBESTOS AND MAGNESIA MATERIALS COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed July 24, 1979.


Attorney(s) appearing for the Case

William J. Harte, Ltd., of Chicago (William J. Harte and John J. Lowrey, of counsel), for appellant.

Jacobs, Williams and Montgomery, Ltd., of Chicago (Lloyd E. Williams, Jr., Barry L. Kroll, and David A. Novoselsky, of counsel), for appellee Ryder Industries, Inc.

Baker and McKenzie, of Chicago (Francis D. Morrissey, Harry J. O'Kane, and Daniel J. Cheely, of counsel), for appellees Forty-Eight Insulation, Inc., Minnesota Mining and Manufacturing Co., Pittsburgh Corning Corp., C and E Refractors, Fibreboard Corporation, The Childers Products, Co., and Pabco Products, Inc.

Hinshaw, Culbertson, Moelmann, Hoban and Fuller, of Chicago (Thomas J. Weithers, Stanley J. Davidson, and Frederick S. Mueller, of counsel), for appellee Owens-Corning Fiberglas Corporation.

Clausen, Miller, Gorman, Caffery and Witous, P.C., of Chicago (James T. Ferrini, of counsel), for appellee H.A. Jones.

O'Brien, Redding and Hyde, of Chicago (Donald J. O'Brien, Jr., and Michael W. Rathsack, of counsel), for appellee Standard Asbestos Manufacturing and Insulating Company.

Wildman, Harrold, Allen and Dixon, of Chicago (Ann C. Peterson, of counsel), for appellees Certain-Teed St. Gobain Insulation Corp. and Grant Wilson.

Johnson, Cusack and Bell, of Chicago (William V. Johnson and Thomas H. Fegan, of counsel), for appellees Johns-Mansville and Midwest Pipe Covering.

Ash, Anos, Harris and Freedman, of Chicago (George J. Anos, Bruce T. Logan, and Lawrence M. Freedman, of counsel), for appellees Keene Ceiling and Insulating, Keene Industrial Insulation, Baldwin, Ehret, Hill Inc., and PPG Industries, Inc.

Sloan and Connelly, P.C., of Chicago (Michael P. Connelly, of counsel), for appellee Philip Carey Corporation.


Reversed and remanded.

Mr. JUSTICE HARTMAN delivered the opinion of the court:

Plaintiff appeals from an order entered by the circuit court of Cook County on February 8, 1977, granting summary judgment to all defendants, predicated upon decedent's cause of action being barred by the two-year personal injury statute of limitations (Ill. Rev. Stat. 1977, ch. 83, par. 15). The summary judgment was based upon the court's consideration of pleadings, deposition...

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