PAYNE v. SABERHAGEN HOLDINGS, INC.

No. 58638-6-I.

190 P.3d 102 (2008)

Harold F. PAYNE and Elizabeth Payne, husband and wife, Respondents, v. SABERHAGEN HOLDINGS, INC., as successor to Tacoma Asbestos Company and The Brower Company; Allis-Chalmers Corporation, Individually and as successor in interest to Buda Corporation; American Standard, Inc., Individually and as parent and alter ego of American Boiler Corp., Westinghouse Air Brake Company and Kewanee Boiler Company, a division of American Radiator & Standard Sanitary Company; Aqua-Chem, Inc., Individually and as successor to Cleaver-Brooks Company; Borg Warner Corporation, n/k/a Burns International Services Corporation; BW/IP International, Inc., f/k/a Borgwarner Industrial Products, successor-in-interest to Byron Jackson Pump; Carrier Corporation, Individually and as successor-in-interest to Bryant Heating & Manufacturing Co.; Elliott Company; Fairbanks Morse Pump Corporation; Flowserve Corporation, Individually and as successor-in-interest to Pacific Pumps and Durco Pumps; General Electric Company; Goulds Pumps (IPG), Inc.; Ingersoll-Rand Company; J.T. Thorpe & Son, Inc.; Leslie Controls, Inc.; Babcock Borsig Power, Inc., f/k/a D.B. Riley, Inc., f/k/a Riley Stoker Corp.; Viacom, Inc., Individually and as successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation; Warren Pumps, Inc., Individually and as successor-in-interest to Quimby Pump Company, Defendants, Viad Corporation, Individually and as successor to Griscom-Russell Company, Appellant, and Yarway Corporation, Defendant.

Court of Appeals of Washington, Division 1.

August 18, 2008.


Attorney(s) appearing for the Case

David S. Frockt, Bergman & Frockt PLLC, Seattle, WA, for Respondents.

Philip Albert Talmadge, Talmadge Fitzpatrick, Emmelyn Hart-Biberfeld, Talmadge Law Group PLLC, Tukwila, WA, Ronald Clayton Gardner, Gardner Bond Trabolsi PLLC, Seattle, WA, for Appellant.


GROSSE, J.

¶ 1 There are only limited circumstances under which a purchaser of corporate assets acquires a transferor's liabilities, such as by de facto merger or by continuing the same product line. Here, there are no such circumstances. Viad Corporation's predecessor, Baldwin-Lima-Hamilton (PA), did not acquire Griscom-Russell's asbestos-related liabilities when it purchased Griscom-Russell's parent company, Hamilton Thomas, in 1962. Harold and Elizabeth Payne...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases