John BRENNAN, Plaintiff-Appellant,
v.
OWENS-CORNING FIBERGLAS CORPORATION; A.P. Green Refractories; Armstrong World Industries; Certainteed Corporation; Fibreboard Corporation; GAF Corporation; Garlock, Inc.; Asbestos Claims Management Corporation fka National Gypsum Company; Owens-Illinois, Inc.; Pittsburgh Corning Corporation; The Babcock & Wilcox Company; The E.J. Bartells Company; T & N, PLC, as Successor in interest to Turner & Newall, PLC and Turner & Newall, Ltd.; United States Gypsum Company; W.R. Grace & Co.—Conn.; and Does 1 through 100 inclusive, Defendants-Respondents, and
Combustion Engineering, Inc., a Delaware Corporation, Defendant.
Supreme Court of Idaho, Boise, March 2000 Term.https://leagle.com/images/logo.png
September 6, 2000.
September 6, 2000.
Attorney(s) appearing for the Case
Nevin, Herzfeld & Benjamin, Boise, and Ness, Motley, Loadholt, Richardson & Poole, Charleston, S.C., for appellant. Alan C. Herzfeld argued.
Eberle, Berlin, Kading, Turnbow & McKlveen, Boise, for respondent E.J. Bartells Company. Warren E. Jones argued for all the respondents.
Hamlin & Sasser, Boise, for respondent Owens-Corning.
Givens, Pursley, LLC, Boise, for respondents Armstrong World Industries, A.P. Green Industries, GAF Corporation, Certainteed Corporation, Asbestos Claims Management, T & N, PLC, and United States Gypsum.
Merrill & Merrill, Pocatello, for respondents Pittsburg Corning Corporation and Owens-Illinois, Inc.
Holland & Hart, Boise, for respondent Garlock, Inc.
Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent W.R. Grace & Co.
Morgenstein & Jubelirer, San Francisco, CA, for respondent Owens-Illinois, Inc.
Baker & Hostetler, Denver, CO for respondents Armstrong World Industries, Green Industries, GAF Corp., T & N PLC., and United States Gypsum Company.
Racine, Olson, Nye, Budge & Bailey, Pocatello, and George, Hull, Porter & Kohlie, Seattle, WA, for respondent A.P. Green Industries, Inc.
Hugh Mossman, Boise, for Amicus Curiae Idaho Trial Lawyers Association.
Supreme Court of Idaho, Boise, March 2000 Term.
WALTERS, Justice.
This is an appeal from a summary judgment in favor of the defendants in an asbestosis personal injury case. The district court dismissed the plaintiff's case based upon the two-year statute of limitation found in I.C. § 5-219(4). We affirm.
BACKGROUND AND PRIOR PROCEEDINGS
John Brennan was exposed to asbestos during his employment as a union sheet metal worker for various employers...
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