ABENDROTH v. ASBESTOS CORP., LTD.

0108-08963; A122794.

120 P.3d 535 (2005)

201 Or. App. 705

William ABENDROTH, Appellant, v. ASBESTOS CORPORATION, LTD, a Canadian corporation; Atlas Turner, Inc., a foreign corporation, fka Atlas Asbestos; Bell Asbestos Mines, Ltd.; Certainteed Corporation, fka Certain-Teed Products Corporation and as successor-in-interest to Certain-Teed Corporation, on behalf of Gustin Bacon Manufacturing Co., Keasby & Mattison, Parkson Pipe, Parkson, Inc., Waterco Supply Co., Telford Smith Supply Co.; Evergreen Building Products; Gatke Corporation, as successor-in-interest to Gatke Corporation and on behalf of Asbestos Textile Company, Inc.; GTS Drywall Supply; Kaiser Gypsum Company, Inc., as successor-in-interest to Kaiser Gypsum Company, Inc. and on behalf of Permanente Cement Company, Pacific Coast Cement Company; Kelly-Moore Paint Company, Inc., as successor-in-interest to Kelly-Moore Paint Company, Inc. and on behalf of Frank W. Dunne Company, Dunne Quality Paints; LH Butcher Company, as successor-in-interest to LH Butcher Company and on behalf of Central Solvents & Chemical Co., Chemcentral Corporation Company, Hooker Chemical Corporation, Udylite Corporation, Wibel Inc., Wilbur Ellis Company; Metropolitan Life Insurance Company; Parker Hannifin Corporation; Pumilite Building Products, Inc.; Sherwin Williams Paints; T & N Ltd, as successor-in-interest to T & N Ltd; T & N PLC, as successor-in-interest to T & N PLC and on behalf of Atlas Asbestos Company Ltd., Atlas Turner, Inc., Asbestos Company, Ltd, Certainteed Products Corporation, Continental Products Corporation, Cork Manufacturing Company, Flexitallic Gasket Company, Inc., Havelock Asbestos Mines, JW Roberts Limited, Keasbey & Mattison Company, Keasbey & Mattison, Inc., Newalls Insulation Company Limited, Nuturn Corporation, Shabani & Mashaba Minew, Turner & Newall Holdings, Turner & Newall Industries, Inc., Turner & Newall Ltd, Turner & Newall, PLC, Turner & Newall International, Turner Asbestos Fibers Ltd, Turner Brothers Asbestos Company, Washington Chemical Company Limited, Atlas-Turner Company Ltd; The Flintkote Company, as successor-in-interest to Flintkote Company and on behalf of Flintkote Mines Ltd-Quebec, Calaveras Cement Company, Blue Diamond Corporation, Genstar Company, Botswana Fibers Ltd, Capasco Ltd, Orangeburg Manufacturing Co., Pioneer-Flintkote, Pioneer Corp., Tile Tex, Atlas Adhesives, Pacific Asbestos Company, and Van Packer Chimney Co.; Underwriters Laboratories; Union Carbide Corporation, fka Union Carbide & Carbon Products, fka Union Carbide Chemicals and Plastics, as successor-in-interest to Union Carbide Corporation and on behalf of Linde Air Products Company; and The Sykoloid Company, Defendants, and Hamilton Materials, Inc., a California corporation, Respondent.

Court of Appeals of Oregon.

Decided September 28, 2005.


Attorney(s) appearing for the Case

Lloyd F. LeRoy, Novato, California, argued the cause for appellant. On the opening brief were Elaine J. Brown, Robyn L. Stein, Jon M. Egan, and Brayton Purcell. On the reply brief were Elaine J. Brown, Robyn L. Stein, and Brayton Purcell.

R. Daniel Lindahl, Portland, argued the cause for respondent. With him on the brief were Jeanne F. Loftis, Portland, and Bullivant Houser Bailey, PC.

Before HASELTON, Presiding Judge, and ROSENBLUM, Judge, and Brewer, Chief Judge.


ROSENBLUM, J.

Plaintiff is a retired drywaller who claims to suffer from an asbestos-related disease. He brought this action against numerous suppliers and manufacturers of asbestos-containing products, including defendant Hamilton Materials, the only defendant that is a party to this appeal. In his claims against defendant, plaintiff asserts that, over the course of his career as a drywaller, he was exposed to several of defendant's products that contained asbestos...

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