BLACK v. ABEX CORP.

No. 990148.

603 N.W.2d 182 (1999)

1999 ND 236

Rochelle M. BLACK, individually, as surviving spouse, and on behalf of the Estate of Markus Hugh Black, deceased, Plaintiff and Appellant, v. ABEX CORPORATION, a Delaware Corporation (formerly known as American Brake Shoe & Foundry Co. and American Brake Shoe Co.), et al., Defendants, Allied-Signal, Inc., a Delaware corporation, (individually and as successor-in-interest to Bendix Corp.); Borg-Warner Corporation, a Delaware corporation; The Chrysler Corporation, a Delaware corporation, (individually and as successor-in-interest to American Motors Corp.); and General Motors Corporation, a Delaware corporation, Defendants and Appellees.

Supreme Court of North Dakota.

December 22, 1999.


Attorney(s) appearing for the Case

David C. Thompson (argued), Rebecca Heigaard McGurran (appearance), and Brad Kolling (appearance, third year law student), David C. Thompson, P.C., Grand Forks, N.D., for plaintiff and appellant.

David E. Reich (argued), Pearce & Durick, Bismarck, N.D.; Steven L. Latham (appearance), Wheeler Wolf, Bismarck, N.D.; and Joel A. Flom (appearance), Jeffries, Olson, Flom & Bullis, P.A., Moorhead, MN, for defendants and appellees.

Ronald H. McLean and Jane L. Dynes, Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, N.D., for amicus curiae. Submitted on brief.


KAPSNER, Justice.

[¶ 1] Rochelle Black appeals from a summary judgment dismissing her wrongful death and survival claims premised upon market share or alternative liability against numerous asbestos manufacturers. Concluding Black has failed to raise a genuine issue of material fact which would preclude summary judgment, we affirm.

I

[¶ 2] Rochelle Black's husband, Markus, served in the Air Force as an auto mechanic from 1971 to 1986. He...

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