LINCOLN ELECTRIC CO. v. GAITHER

No. A07A0177.

649 S.E.2d 823 (2007)

LINCOLN ELECTRIC COMPANY, et al. v. GAITHER, et al.

Court of Appeals of Georgia.

July 12, 2007.


Attorney(s) appearing for the Case

Winkler & DuBose, C, Wilson DuBose, Madison, Chilivis, Cochran, Larkins & Bever, Anthony L. Cochran, King & Spalding, Randall J. Butterfield, Gambrell & Stolz, Jennifer G. Cooper, Balch & Bingham, James L. Hollis, Swift, Currie, McGhee & Hiers, Charles B. Marsh, Kenneth M. Barre, Weinberg, Wheeler, Hudgins, Gunn & Dial, John M. Hawkins, Nall & Miller, Robert B. Hocutt, Childers, Buck & Schlueter, Robert C. Buck, Drew, Eckl & Farnham, Stevan A. Miller, Owen, Gleaton, Egan, Jones & Sweeney, Charles J. Cole, Alston & Bird, Andrew M. Gibson, Atlanta, C. Ronald Ellington, Athens, for appellants.

Matthews & Steel, John D. Steel, Atlanta, for appellees.


RUFFIN, Judge.

In ten lower court cases, over 350 plaintiffs, including Bobby Gaither, sued over forty companies, including Lincoln Electric Company, alleging that they were injured as a result of exposure to welding fumes. The defendants filed a consolidated motion to sever, arguing that the plaintiffs improperly joined their claims. The trial court denied the motion, and we granted the defendants' petition for interlocutory appeal. For reasons that follow, we reverse...

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