PENDZSU v. BEAZER EAST, INC.

Docket Nos. 181268, 181271.

557 N.W.2d 127 (1996)

219 Mich. App. 405

Arpad A. PENDZSU and Margiore Pendzsu, Deceased, Plaintiffs-Appellants, v. BEAZER EAST, INC., a Delaware Corporation, in its own right and as successor in interest to Koppers Company, Incorporated, Defendant-Appellee, and Anchor Packing Company, a Delaware Corporation; Armstrong World Industries, Inc., as successor in interests to Armstrong Cork Company and Armstrong Contracting Supply (a/k/a A. C & S.), a Pennsylvania Corporation; Babcock & Wilcox Company, a Delaware Corporation; Brown Insulation Company, a Michigan Corporation; M.H. Detrick Company, a Delaware Corporation; Flexitallic Gasket Co., Inc., a Connecticut Corporation; GAF Corporation, in its own right and as successor in interest to the Ruberoid Company, a Delaware Corporation; Garlock, Inc., an Ohio Corporation; A.P. Green Refractories Company, a Delaware Corporation; Keene Corporation, in its own right and as successor in interest to Baldwin-Ehret-Hill, Inc., Baldwin-Hill, Inc., and Mundet Cork Corporation, a New York Corporation; Owens-Corning Fiberglass Corporation, a Delaware Corporation; Owens-Illinois, Inc., an Ohio Corporation; Pittsburgh-Corning Corporation, a Pennsylvania Corporation; W.R. Grace & Co.—Conn., in its own right and as successor to Zonolite Co., a Connecticut Corporation; Fibreboard Corp., in its own right and as successor to Pabco Co., a Delaware Corporation; National Gypsum Co., a Delaware Corporation; United States Gypsum Co., a Delaware Corporation; General Refractories, a Pennsylvania Corporation; Dresser Industries, a/k/a Harbison Walker Refractories, a Delaware Corporation; North American Refractories, an Ohio Corporation; Kaiser Aluminum and Chemical Corp., in its own right and as successor to Kaiser Refractories, a Division of Kaiser Aluminum, a Delaware Corporation; Quigley Company, Inc., a New York Corporation; Crown, Cork & Seal Company, Inc., in its own right and as successor in interest to Mundet Cork Corporation, a New York Corporation; F.B. Wright Co., a Michigan Corporation; Grant Wilson, Inc., an Illinois Corporation; Plibrico Company, a Delaware Corporation; Arthur J. Peacock & Company, a Michigan Corporation; Rutland Fire Clay Company, a Vermont Corporation; Chicago Firebrick Company, an Illinois Corporation; Adience, Inc., Successor in interest to Adience Company, LP as successor to BMI, Inc., a Delaware Corporation; Rex Roto Corporation, in its own right and as successor in interest to Rex Clay Products Company, a Michigan Corporation; Detroit Edison Company, a Michigan Corporation; National Steel Corporation, a Delaware Corporation; MLX Corporation, f/k/a McLouth Steel Corporation, a Michigan Corporation; Midland Ross Corporation, in its own right and as successor in interest to Surface Combustion, an Ohio Corporation; Combustion Engineering, in its own right and as successor in interest to Combustion Engineering Refractories Division, Walsh Refractories and Refractory & Insulation Corp., a Delaware Corporation; Thiem Corporation, a Delaware Corporation, in its own right and as successor in interest to Universal Refractories, Inc.; Rapid American Corporation, in its own right and as successor to Philip Carey Manufacturing Company, Panacon Corporation, and Philip Carey Corporation, a Delaware Corporation; Adience, Inc., as successor in interest to Adience Company, LP, BMI, Inc., and Furnco Construction Corporation, a Delaware Corporation; Hi-Temp Products, Inc., in its own right and as successor in interests to Asbestos Specialties Co, a Michigan Corporation; A-Best Products Company, an Ohio Corporation; and Schad Boiler Setting Company, (d/b/a Schad Refractory Construction Company) a Michigan Corporation; Jointly and Severally, Defendants. Amon McGHEE, Jr., Personal Representative of the Estate of Amon McGhee, Sr., Deceased, Plaintiff-Appellant, v. BEAZER EAST, INC., a Delaware Corporation, in its own right and as successor in interest to Koppers Company, Incorporated, Defendant-Appellee, and Anchor Packing Company, a Delaware Corporation; Armstrong World Industries, Inc., as successor in interests to Armstrong Cork Company and Armstrong Contracting Supply (a/k/a A. C & S.), a Pennsylvania Corporation; Babcock & Wilcox Company, a Delaware Corporation; Brown Insulation Company, a Michigan Corporation; M.H. Detrick Company, a Delaware Corporation; Flexitallic Gasket Co., Inc., a Connecticut Corporation; GAF Corporation, in its own right and as successor in interest to the Ruberoid Company, a Delaware Corporation; Garlock, Inc., an Ohio Corporation; A.P. Green Refractories Company, a Delaware Corporation; Keene Corporation, in its own right and as successor in interest to Baldwin-Ehret-Hill, Inc., Baldwin-Hill, Inc., and Mundet Cork Corporation, a New York Corporation; Owens-Corning Fiberglass Corporation, a Delaware Corporation; Owens-Illinois, Inc., an Ohio Corporation; Pittsburgh-Corning Corporation, a Pennsylvania Corporation; W.R. Grace & Co.—Conn., in its own right and as successor to Zonolite Co., a Connecticut Corporation; Fibreboard Corp., in its own right and as successor to Pabco Co., a Delaware Corporation; National Gypsum Co., a Delaware Corporation; United States Gypsum Co., a Delaware Corporation; General Refractories, a Pennsylvania Corporation; Dresser Industries, a/k/a Harbison Walker Refractories, a Delaware Corporation; North American Refractories, an Ohio Corporation; Kaiser Aluminum and Chemical Corp., in its own right and as successor to Kaiser Refractories, a Division of Kaiser Aluminum, a Delaware Corporation; Quigley Company, Inc., a New York Corporation; Crown, Cork & Seal Company, Inc., in its own right and as successor in interest to Mundet Cork Corporation, a New York Corporation; F.B. Wright Co., a Michigan Corporation; Grant Wilson, Inc., an Illinois Corporation; Plibrico Company, a Delaware Corporation; Arthur J. Peacock & Company, a Michigan Corporation; Rutland Fire Clay Company, a Vermont Corporation; Chicago Firebrick Company, an Illinois Corporation; Adience, Inc., Successor in interest to Adience Company, LP as successor to BMI, Inc., a Delaware Corporation; Rex Roto Corporation, in its own right and as successor in interest to Rex Clay Products Company, a Michigan Corporation; Detroit Edison Company, a Michigan Corporation; National Steel Corporation, a Delaware Corporation; MLX Corporation, f/k/a McLouth Steel Corporation, a Michigan Corporation; Midland Ross Corporation, in its own right and as successor in interest to Surface Combustion, an Ohio Corporation; Combustion Engineering, in its own right and as successor in interest to Combustion Engineering Refractories Division, Walsh Refractories and Refractory & Insulation Corp., a Delaware Corporation; Thiem Corporation, a Delaware Corporation, in its own right and as successor in interest to Universal Refractories, Inc.; Rapid American Corporation, in its own right and as successor to Philip Carey Manufacturing Company, Panacon Corporation, and Philip Carey Corporation, a Delaware Corporation; Adience, Inc., as successor in interest to Adience Company, LP, BMI, Inc., and Furnco Construction Corporation, a Delaware Corporation; Hi-Temp Products, Inc., in its own right and as successor in interests to Asbestos Specialties Co, a Michigan Corporation; A-Best Products Company, an Ohio Corporation; and Schad Boiler Setting Company, (d/b/a Schad Refractory Construction Company) a Michigan Corporation; Jointly and Severally, Defendants.

Court of Appeals of Michigan.

Decided October 11, 1996, at 9:25 a.m.

Released for Publication December 23, 1996.


Attorney(s) appearing for the Case

Zamler, Mellen & Shiffman, P.C. by Neil A. Kay and Daryl Royal, of Counsel, Dearborn, for plaintiffs-appellants.

Still, Nemier, Tolari & Landry, P.C. by Thomas S. McLeod and Michelle E. Mathieu, Farmington Hills, for defendant-appellee.

Before WAHLS, P.J., and MURPHY and C.D. CORWIN, JJ.


WAHLS, Presiding Judge.

Plaintiffs' appeal as of right from the trial court's granting of defendant's motions for summary disposition in these asbestos-related actions. We affirm.

Plaintiff Arpad Pendzsu worked as a truck driver, cement mixer, and warehouse worker for Standard Fuel Engineering and Zero Refractories. During the course of his employment, he delivered materials and worked near projects at buildings...

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