WYATT v. A-BEST PRODUCTS CO.


924 S.W.2d 98 (1995)

Herbert E. WYATT and Brenda Wyatt, his wife, Plaintiffs-Appellants, v. A-BEST PRODUCTS COMPANY, INC., et al., Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section.

Petition to Rehear Granted in Part and Denied in Part; Opinion Modified December 28, 1995.

Application for Permission to Appeal Denied May 28, 1996.


Attorney(s) appearing for the Case

George A. Weber, III, Mike G. Nassios, Jere Franklin Ownby, III, of The Law Offices of Peter G. Angelos, Knoxville, and Jerry J. Phillips, of counsel, for Appellants.

Louis C. Woolf, Hugh B. Bright, M. Denise Moretz, J. Ford Little, of Woolf, McClane, Bright, Allen & Carpenter, Knoxville, for Appellee Owens-Illinois, Inc.

Donald F. Paine, Dwight E. Tarwater, Thomas A. Bickers, Andrew R. Tillman, Knoxville, for Appellee Owens-Corning Fiberglas Corporation.

Charles W. Burson, Attorney General and Reporter, Kevin Steiling, Assistant Attorney General, for Intervenor, Attorney General of the State of Tennessee.

Paul T. Gillenwater of Gillenwater, Nichol & Ames, Knoxville, and David F. Partlett, Vanderbilt University School of Law, Nashville, filed Amicus Curiae brief.

Michael Y. Rowland, Janet Edwards, of Rowland & Rowland, P.C., Knoxville, filed Amicus Curiae brief.

David E. Waite of Brown & Waite, Knoxville, filed Amicus Curiae brief.

Robert H. Hood, G. Mark Phillips, James D. Gandy, III, Joseph C. Wilson, IV, of the Hood Law Firm, Charleston, S.C., and R. Hunter Cagle of Kennerly, Montgomery & Finley, Knoxville, filed brief of Amici A.P. Green Industries, Inc., Armstrong World Industries, Inc., Asbestos Claims Management Corporation f/k/a National Gypsum Company, GAF Corporation, T & N PLC, and United States Gypsum Company.


Application for Permission to Appeal Denied by Supreme Court May 28, 1996.

SUSANO, Judge.

The complaint in this case seeks damages for lung disease caused by exposure to asbestos. Herbert E. Wyatt (Wyatt) sued numerous manufacturers and sellers of products to which he was allegedly exposed during his working years. His wife, Brenda Wyatt, sued for loss of consortium. The trial judge granted the defendants summary judgment. He held that the Wyatts' action was...

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