LEONARD v. JOHNS-MANVILLE SALES CORP.

No. 478PA84.

340 S.E.2d 338 (1986)

Marie R. LEONARD, Administratrix of the Estate of Samuel L. Leonard, Deceased v. JOHNS-MANVILLE SALES CORPORATION, A Delaware Corporation; Unarco Industries, Inc., An Illinois Corporation; GAF Corporation, A Delaware Corporation; Armstrong Cork Company, A Pennsylvania Corporation; Raybestos-Manhattan, Inc., A Connecticut Corporation; Owens-Corning Fiberglas Corporation, A Delaware Corporation; Pittsburgh Corning Corporation, A Pennsylvania Corporation; The Celotex Corporation, A Delaware Corporation; Nicolet Industries, A Pennsylvania Corporation; Forty-Eight Insulation, Inc., An Illinois Corporation; Eagle-Picher Industries, Inc., An Ohio Corporation; Standard Asbestos & Insulation Co., A Missouri Corporation; Owens-Illinois, Inc., An Ohio Corporation; H.K. Porter, A Pennsylvania Corporation; National Gypsum Co., A Delaware Corporation; Fibreboard Corporation, A Delaware Corporation; Garlock, Inc., A Foreign Corporation; Keene Corporation, A New Jersey Corporation; North American Asbestos Corporation, A Foreign Corporation; Carey Canadian Mines, Ltd., A Foreign Corporation; Lake Asbestos of Quebec, Ltd., A Foreign Corporation; Amatex Corporation, A Pennsylvania Corporation; Southern Asbestos Company.

Supreme Court of North Carolina.

February 18, 1986.


Attorney(s) appearing for the Case

Haywood, Denny, Miller, Johnson, Sessoms & Haywood by George W. Miller, Jr., and Michael W. Patrick, Chapel Hill, for plaintiff-appellant.

Poisson, Barnhill & Britt by Donald E. Britt, Jr. and Stuart L. Egerton, Wilmington, for Owens-Corning Fiberglas Corp., defendant-appellee.

Brown & Johnson by C.K. Brown, Jr., Raleigh, for The Celotex Corp., defendant-appellee.


EXUM, Justice.

This is a wrongful death claim in which it is alleged that Samuel Leonard's long exposure to asbestos-containing products manufactured by defendants caused him to contract the disease asbestosis which in turn caused death. The only defendants which are parties to this appeal are The Celotex Corporation (Celotex) and Owens-Corning Fiberglas (Owens-Corning). These defendants moved for and were granted summary judgment on the ground that the ten-year statute...

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