Joseph A. SIMONETTA and Janet E. Simonetta, a married couple, Appellants,
v.
VIAD CORPORATION f/k/a The Dial Corporation individually and as successor to Griscom Russell Company, Respondents, and
Saberhagen Holdings, Inc., as successor to Tacoma Asbestos Company and The Brower Company; Bartells Asbestos Settlement Trust; Aqua-Chem, Inc., individually and as successor to Cleaver-Brooks Company; Foster Wheeler Energy Corporation; General Electric Company; General Refractories Company; Imo Industries, Inc., individually and as successor-in-interest to De Laval Turbine, Inc.; Ingersoll-Rand Company; Viacom Inc., individually and as successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation; Warren Pumps, Inc.; Dial Corporation, Individually and as successor to Griscom Rusell Company; Elliott Company, a/k/a Elliott Turbomachinery Co., Inc.; Carrier Corporation, Individually and as successor-in-interest to Bryant Heating & Manufacturing Co.; J.T. Thorpe & Son, Inc. a/k/a J.T. Thorpe Company; Allis-Chalmers Corporation, Individually and as successor to The Buda Company; and Quimby Equipment Co., Inc., Defendants.
Court of Appeals of Washington, Division 1.https://leagle.com/images/logo.png
January 29, 2007.
January 29, 2007.
Attorney(s) appearing for the Case
Matthew Phineas Bergman, David S. Frockt, Ari Y. Brown, Brian F. Ladenburg, Glenn S. Draper, Bergman & Frockt PLLC, Seattle, WA, Leann McDonald, Welches, OR, Ladd R. Gibke, Charles S. Siegel, Waters & Kraus LLP, Dallas, TX, for Appellants.
Ronald Clayton Gardner, David D. Mordekhov, Gardner Bond Trabolsi, Barry Neal Mesher, Brian David Zeringer, Michael Barr King, Brett Anderson, Lane Powell PC, Kenneth Emil Petty, William Kastner & Gibbs, Margaret A. Sundberg, Williams Kastner & Gibbs PLLC, James Edward Horne, Michael Edward Ricketts, Robert H. Fulton, Kingman, Peabody, Fitzharris, & Ringer P, Katherine M. Steele, J. William Ashbaugh, Stafford Frey Cooper, Karen L. Cobb, Seattle, WA, Robert L. Byer, Nicholas P. Vari, Kirkpatrick, Lockhart, Nicholson, Graham, Pittsburgh, PA, for Respondents.
Mark Bradley Tuvim, Corr Cronin Michelson Baumgardner & Pree, Seattle, WA, Amicus Curiae on behalf of Ingersoll-rand.
Mark Bradley Tuvim, Corr Cronin Michelson Baumgardner & Pree, Seattle, WA, Amicus Curiae on behalf of Leslie Controls.
Court of Appeals of Washington, Division 1.
APPELWICK, C.J.
¶ 1 Joseph Simonetta (Simonetta) brought a product liability law suit against Viad Corp. (Viad) sounding in both negligence and strict liability based on exposure to asbestos causing subsequent lung cancer. The exposure was to insulation manufactured by another corporation, but necessarily used to encapsulate a Viad1 evaporator installed aboard a Navy ship. The trial court granted summary judgment for Viad on the basis...
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