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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases