PURCELL v. ASBESTOS CORP., LTD.

9311-07674; CA A85339.

959 P.2d 89 (1998)

153 Or. App. 415

Marlene PURCELL, Personal Representative of the Estate of John Purcell, Deceased, Respondent—Cross-Appellant, v. ASBESTOS CORPORATION, LTD, a Canadian corporation; Armstrong World Industries, Inc., a Pennsylvania corporation, in its individual capacity and as successor-in-interest to Armstrong Cork Company, Inc., a Delaware corporation; A.P. Green Refractories Co., individually and as successor-in-interest to E.J. Bartells, a Delaware corporation; Fibreboard Corporation, a Delaware corporation; Gaf Corporation, a Delaware corporation; United States Gypsum Company, a Delaware corporation, individually and as successor-in-interest to A.P. Green and E.J. Bartells; National Gypsum Company, a California corporation; Turner & Newall PLC, a British corporation and its subsidiary J.W. Roberts Limited; Union Carbide Chemicals and Plastics Company, Inc., a New York corporation, successor-in-interest to Union Carbide corporation; Flexitallic, Inc., a Delaware corporation; United Pipe & Supply Co., Inc., an Oregon corporation; Paramount Supply Co., an Oregon corporation; Mar-Dustrial Sales, Inc., an Oregon corporation; Quimby Welding Supplies, Inc., an Oregon corporation, ACandS, Inc.; and Pittsburg-Corning Corporation, Defendants, Owens-Corning Fiberglas Corporation, a Delaware Corporation and E.J. Bartells Company, a Washington corporation, Appellants—Cross-Respondents, Department of Justice, State of Oregon, Cross-Respondent.

Court of Appeals of Oregon.

Decided April 22, 1998.


Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause and filed the briefs for respondent-cross-appellant. With him on the brief were Kimberly Chaput and Pozzi Wilson Atchison.

Thomas G. Hungar, Washington, DC, argued the cause for appellant-cross-respondent Owens-Corning Fiberglas Corporation. With him on the brief were Gibson, Dunn & Crutcher, and Jay W. Beattie and Lindsay, Hart, Neil & Weigler.

Katherine H. O'Neil, Portland, argued the cause and filed the briefs for appellant-cross-respondent E.J. Bartells Company. With her on the brief was Graff & O'Neil.

Robert B. Rocklin, Assistant Attorney General, waived appearance for cross-respondent Department of Justice, State of Oregon.

Before DEITS, C.J., and RIGGS and LANDAU, JJ.


DEITS, Chief Judge.

Defendants Owens-Corning Fiberglas Corporation (Owens) and E.J. Bartells Company (Bartells) appeal and plaintiff cross-appeals from the judgment for plaintiff in this negligence and products liability action arising from an asbestos-related disease that plaintiff suffered as a result of exposure to products manufactured by defendants.1 We affirm on the appeal and on the cross-appeal.

Plaintiff developed mesothelioma...

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