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KILPATRICK v. BULLOUGH ABATEMENT, INC.

Nos. 20060887, 20070156.

199 P.3d 957 (2008)

2008 UT 82

Margaret KILPATRICK, individually, and as personal representative on behalf of the legal heirs of James Kilpatrick, Deceased, Plaintiff and Appellant, v. BULLOUGH ABATEMENT, INC., et al., Defendants and Appellees. Marvin Kirkham and Carolyn Kirkham, Plaintiffs and Appellants, v. Garlock Sealing Technologies, LLC, et al., Defendants and Appellees.

Supreme Court of Utah.

December 12, 2008.

Attorney(s) appearing for the Case

Attorneys:1 Robert G. Gilchrist, S. Brook Millard, Bronson D. Bills, Alan R. Brayton, Courtney G. Broaden, Salt Lake City, for appellants.

Michael F. Skolnick, Shawn McGarry, David Bernstein, Salt Lake City, for appellee. Bullough Abatement, Inc.

Joseph J. Joyce, Salt Lake City, for appellee Garlock Sealing Technologies, LLC.

PARRISH, Justice:

INTRODUCTION

¶ 1 These cases are two of several asbestos-related cases governed by a Case Management Order (the "CMO") that was adopted in 2001 and applies routinely to all asbestos-related litigation brought by the firms involved in drafting the CMO. One of the "Additional Discovery" obligations imposed by the CMO was an autopsy following the death of any plaintiff. Margaret Kilpatrick and Carolyn Kirkham (collectively, the "plaintiffs...

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