DAHLKE v. CASCADE ACOUSTICS, INC.

CCV0304209; A127280.

171 P.3d 992 (2007)

216 Or. App. 27

Floyd DAHLKE, personal representative of the Estate of Clarence L. Simons, Deceased, Plaintiff-Appellant, v. CASCADE ACOUSTICS, INC., an Oregon corporation; Copenhagen, Inc., an Oregon corporation, formerly doing business as Copenhagen Mechanical Contractors; J.E. Dunn Northwest, Inc., an Oregon corporation, dba Donald M. Drake Company; J.F. Shea Company, Inc., a foreign corporation; J.M. Harder Plumbing and Heating, LLC, an Oregon limited liability corporation; Rowland Plumbing Co., an Oregon corporation; Metalclad Insulation Corporation, a foreign corporation, as successor-in-interest to Pacific Asbestos; and Metalclad Insulation Corporation of Oregon, an Oregon corporation, as successor-in-interest to Pacific Asbestos, Defendants below, and FMD Corporation, an Oregon corporation, fka Donald M. Drake Company and Drake Management Company, an Oregon corporation, fka Donald M. Drake Company, Defendants-Respondents.

Court of Appeals of Oregon.

Decided November 7, 2007.


Attorney(s) appearing for the Case

Meagan A. Flynn argued the cause for appellant. With her on the briefs was Preston Bunnell & Flynn, LLP.

Thomas W. Sondag, Portland, argued the cause for respondents. On the brief were Jeffry S. Garrett and Lane Powell PC. With him on the reply brief were Stephen P. McCarthy and Lane Powell PC.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.


EDMONDS, P.J.

This is a wrongful death action in which plaintiff, the personal representative of decedent's estate, alleges that defendants FMD Corporation and Drake Management Company are responsible for supplying and installing the asbestos-containing materials that caused decedent's fatal lung disease. The trial court granted summary judgment to defendants, and plaintiff appeals. We affirm.

I. BACKGROUND

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