WEIHL v. ASBESTOS CORPORATION, LTD

0211-11911; A122068.

129 P.3d 748 (2006)

204 Or. App. 255

Florence Elaine WEIHL, Personal Representative of the Estate of William R. Weihl, deceased, Appellant, v. ASBESTOS CORPORATION, LTD, a Canadian corporation; A.J. Zinda, an Oregon corporation; Atlas Turner, Inc., a foreign corporation, fna Atlas Asbestos; Bell Asbestos Mines, Ltd., a Canadian corporation, individually and as successor-in-interest to Atlas Turner, Inc., and Turner & Newell, PLC; Bickford Construction, Inc., an Oregon corporation; Bromley, Inc., an Oregon corporation, dba Bromley Masonry, Inc., an assumed business name; Congoleum Corporation, a Delaware corporation; E.J. Bartells, a Washington corporation, Foster Wheeler Corporation, a New York corporation; Holden Construction, Inc., an Oregon corporation; Mason Supply Company, an Oregon corporation; Metropolitan Life Insurance, a New York corporation; P.S. Lord Mechanical Contractors, an Oregon corporation; Quimby Welding Supplies, Inc., an Oregon corporation; WM. Hammond Co., previously known as and successor-in-interest to Ross B. Hammond Co., an Oregon corporation, Defendants, and Associated Building Contractors, Inc., an Oregon corporation; Contractors Incorporated, an Oregon corporation, previously known and successor-in-interest to Leo S. Wynans Company, Inc., an Oregon corporation; Drake Management Company, an Oregon corporation, previously known and successor-in-interest to Donald M. Drake Company, Fmd Corporation, an Oregon corporation, previously known and as successor-in-interest to Donald M. Drake Company; J.E. Dunn Northwest, Inc., an Oregon corporation, previously known and successor-in-interest to Drake Construction Company, Inc., Donald M. Drake Company, and DII Oregon, Inc., Oregon corporation; Fred Shearer & Sons, Inc., an Oregon corporation; and Metalclad Insulation Corporation, a California corporation, individually and as successor-in-interest to Northern California Insulation, Inc., Sweetser Enterprises, Pacific Asbestos & Supply, and Pacific Insulation Services, Inc., Respondents.

Court of Appeals of Oregon.

Decided February 15, 2006.


Attorney(s) appearing for the Case

Meagan A. Flynn argued the cause for appellant. With her on the opening brief was Preston Bunnell & Stone, LLP. With her on the reply brief was Preston Bunnell & Flynn, LLP.

Michael Merchant, Portland, argued the cause for respondent Associated Building Contractors, Inc. With him on the brief were Margaret E. Schroeder and Black Helterline LLP.

Stephen McCarthy, Portland, argued the cause for respondent Contractors Incorporated. With him on the brief was Lane Powell Spears Lubersky LLP.

J. Michael Mattingly argued the cause for respondents Drake Management Company, FMD Corporation, and J.E. Dunn Northwest, Inc. With him on the brief was Steven V. Rizzo, P.C.

Daniel Lindahl argued the cause for respondent Fred Shear & Sons, Inc. With him on the brief were Jeanne F. Loftis and Bullivant Houser Bailey, PC, Portland.

Margaret Leiberan, Beaverton, argued the cause for respondent Metalclad Insulation Corporation. With her on the brief were James D. Case and Case & Dusterhoff.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge.


BREWER, C.J.

Plaintiff1 appeals from the trial court's dismissal of his claim for damages for the mesothelioma that he allegedly developed as the result of exposure to asbestos in his employment. Each defendant moved for summary judgment on the ground that plaintiff had failed to identify any asbestos product to which plaintiff was exposed and for which that defendant was responsible. The trial...

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