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NIVEN v. E.J. BARTELLS CO.

No. 42457-2-1.

983 P.2d 1193 (1999)

David NIVEN and Julie Niven, husband and wife, Appellants, v. E.J. BARTELLS CO.; Rapid-American Corporation, as successor-by-merger to Glen Alden Corporation, Briggs Manufacturing Co., Philip Carey Company, Philip Carey Manufacturing Co.; Asbestos Corp., Ltd.; Saberhagen Holdings, Inc., as successor-in-interest to The Brower Company, Tacoma Asbestos Company, Brower Asbestos Company, Chas. A. Brower & Company, The Brower Company and Tacoma Asbestos Company; Todd Shipyards Corporation. Respondents.

Court of Appeals of Washington, Division 1.

September 20, 1999.

Attorney(s) appearing for the Case

Janet L. Rice, William Joel Rutzick, Schroeter Goldmark & Bender, Seattle, for Appellants.

Mark Edward Cavanagh, Carney Badley Smith & Spellman, Barry Neal Mesher, Michael Barr King, Gwendolyn Payton Klein, Lane Powell Spears Lubersky, Seattle, for Respondents.

BECKER, J.

This is an appeal from an order of summary judgment dismissing an injured worker's cancer claim against Rapid-American Corporation. We reverse. First, Rapid-American was not released by the worker's earlier settlement of his asbestosis claim against an unaffiliated company. Second, although the claimant's cancer is also the result of his asbestos exposure, the statute of limitations does not bar a trial because Rapid-American has failed to show that the...

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