IN RE CERTIFIED QUESTION FROM 14TH DIST. COURT OF APPEALS OF TEXAS

Docket No. 131517. Calendar No. 2.

740 N.W.2d 206 (2007)

479 Mich. 498

In re CERTIFIED QUESTION FROM THE FOURTEENTH DISTRICT COURT OF APPEALS OF TEXAS, Glenn Miller, Estate of Carolyn Miller, Shawn Dean, John Roland, and Alma Roland, Plaintiffs, v. Ford Motor Company, Defendant.

Supreme Court of Michigan.

Decided July 25, 2007.


Attorney(s) appearing for the Case

Neil A. Kay, Waters & Kraus L.L.P. (by Charles S. Siegal, Leslie C. Maclean, and Loren Jacobson), Clark, Depew & Tracey (by Sean Tracey and Craig Depew), and Michael P. Fleming, P.C. (by Michael Fleming), West Bloomfield; Dallas, Texas, Houston, Texas, Conroe, Texas, for the plaintiffs.

Dickinson Wright P.L.L.C. (by Kathleen A. Lang and Phillip J. De Rosier), Robert W. Powell, and Craig A. Morgan, Detroit, Dearborn; Austin, Texas, for the defendant.

Lipson, Neilson, Cole, Seltzer & Garin, P.C. (by C. Thomas Ludden), and Deborah J. La Fetra and Timothy Sandefur, for amici curiae Pacific Legal Foundation. Bloomfield Hills; Sacramento, California.

Plunkett & Cooney, P.C. (by Mary Massaron Ross), Detroit, for amici curiae Michigan Defense Trial Counsel.

Michael B. Serling, P.C. (by Michael B. Serling), and the Lanier Law Firm (by C. Taylor Campbell), and Kay Gunderson Reeves, Birmingham; Houston, Texas, Dallas, Texas for amici curiae International Union of Bricklayers and Allied Craftworkers, Trowel Trades, Local No. 1. of Michigan.

Clark Hill P.L.C. (by F.R. Damm and Paul C. Smith), Detroit, for amici curiae Michigan Manufactures Association.

Charfoos & Christensen, P.C. (by David R. Parker), Detroit, for amici curiae Michigan Trial Lawyers Association.

Shook, Hardy & Bacon L.L.P. (by Victor E. Schwartz, Mark A. Behrens, Christopher E. Appel, and Dana M. Mehrer) (Crowell & Moring L.L.P. by Paul W. Kalish, Robin S. Conrad, Amar D. Sarwal, Ann W. Spragens, Robert J. Hurns, Sherman Joyce, Jan Amundson, Quentin Riegel, Karen R. Harned, Elizabeth A. Guadio, Donald D. Evans, and Gregg Dykstra, of counsel), Washington, D.C.; Kansas City, Missouri; Washington, D.C., Washington, D.C.; Des Plaines, Illinois; Washington, D.C., Washington, D.C., Washington, D.C.; Arlington, Virginia; Indianapolis, Indiana, for amici curiae Coalition for Litigation Justice, Inc., Chamber of Commerce of the United States of America, National Association of Manufacturers, National Federation of Independent Business Legal Foundation, American Chemistry Council, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and American Tort Reform Association.


MARKMAN, J.

Plaintiffs filed suit in Texas against defendant, alleging that the decedent contracted mesothelioma from washing the work clothes of her stepfather who worked for independent contractors who were hired by defendant to reline the interiors of blast furnaces with materials that contained asbestos. A jury found in favor of plaintiffs. Pursuant to MCR 7.305(B), the Fourteenth District Court of Appeals of Texas certified the following question to this Court...

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