RUSSO v. ABEX CORP.

Civ. A. Nos. 86-70862, 85-75257, 82-71775 and 86-70823.

670 F.Supp. 206 (1987)

Toni RUSSO, Personal Representative of the Estate of Joseph Russo, Deceased, Plaintiffs, v. ABEX CORPORATION, in its own right and as successor to American Brake Shoe Co., a Delaware corporation; H.K. Porter Company, Inc., a Delaware corporation; Carey Canada, Ltd., a foreign corporation; Asbestos Corporation, Ltd., a foreign corporation; International Fibers, Inc., an Ohio corporation; Allied Corporation, as successor in interest to Bendix Corporation; Celotex Corporation, in its own right and as successor in interest to Philip Carey Manufacturing Co., a Delaware corporation, GAF Corporation, in its own right and as successor to Ruberoid Corporation and to Vermont Asbestos, a Delaware corporation; Raymark Industries, as successor in interest to Raybestos-Manhattan, Inc., a Connecticut corporation; Jointly and Severally, Defendants. Willie LEE and Mildred Lee, Plaintiffs, v. BENDIX CORPORATION, a Delaware corporation, Abex Corporation, a Delaware corporation, Carlisle Corporation, a Delaware corporation, and Wagner Division, a division of Edison International, Inc., a Delaware corporation, Jointly and Severally, Defendants. Catherine M. O'BRIEN, Personal Representative of the Estate of Joseph Teklinsky, Deceased, Plaintiff, v. OTTAWA SILICA CORPORATION, a Delaware Corporation; Johns-Manville Sales Corporation, a Delaware Corporation; Celotex Corporation, a Delaware Corporation and successor to Phillip Carey Corporation; and Pennwalt Corporation, a Pennsylvania Corporation, Jointly and Severally, Defendants. Joseph WROBLEWSKI, Plaintiff, v. BENDIX CORPORATION, a Delaware Corporation; Abex Corporation, a Delaware Corporation; and Wagner Division, a division of Edison International, Inc., a Delaware Corporation, jointly and severally, Defendants.

United States District Court, E.D. Michigan, S.D.

September 23, 1987.


Attorney(s) appearing for the Case

Joseph V. Brennan, Richard A. Bockoff, Bockoff & Zamler, Southfield, Mich., for plaintiffs.

Ronald Westen, Ronald E. Wagner, Dale R. Burmeister, Detroit, Mich., for Celotex Corp.

A. David Baumhart, III, Bloomfield Hills, Mich., for Pennwalt Corp.

Michael Vartanian, Detroit, Mich., for Johns-Manville.

Harold J. Robinson, Robinson & Dufault, P.C., Royal Oak, Mich., for Silicosis and Dust Disease Fund.

Kirt B. Devries, Ronald E. Westen, Harvey, Kruse, Westen & Milan, Detroit, Mich., for Bendix.

Clayton F. Farrell, Michael J. Sullivan, Collins, Einhorn & Farrell, P.C., Southfield, Mich., for Carlisle Corp.

Wm. Osantowski, MacArthur & Cheatham, P.C., Detroit, Mich., for Wagner; Byron L. Gregory, Lynn J. Ohrenstein, McDermott, Will & Emery, Chicago, Ill., of counsel.

Richard B. Poling, Jr., Shelley K. Miller, Vandeveer, Garzia, Tonkin, Kerr, Heaphy, Moore, Sills & Poling, P.C., Birmingham, Mich., for Abex Corp.


MEMORANDUM OPINION AND ORDER

FEIKENS, District Judge.

Before me are various defendants' motions for summary judgment in four brake lining asbestos cases. In each case, plaintiff, or plaintiff's personal representative, alleges harm from extended exposure to asbestos fibers in the workplace. Defendant asbestos suppliers move for summary judgment based on the "sophisticated user" defense. Specifically, movants allege that the three employers involved, Chrysler...

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