No. 19-1015.

996 F.3d 143 (2021)

Darrell A. CONNOR, Individually and as Executor of the Estate of Charles Franklin Connor, Deceased, Plaintiff-Appellant, v. COVIL CORPORATION, Defendant-Appellee, and Norfolk Southern Railway Company; Air & Liquid Systems Corporation, individually and as successor-in-interest to Buffalo Pumps; BW/IP, Inc., individually and as successor to Byron Jackson Pumps; Carrier Corporation; CBS Corporation, agent of Viacom, Inc., sued as successor-by-merger to CBS f/k/a Westinghouse Electric Corporation; Crane Co; Dana Companies, LLC, successor-by-merger to Warner Brake and Clutch Company, Inc; Fisher Controls International LLC, wholly owned subsidiary of Emerson Electric Company; Flowserve US, Inc., individually and as successor to Byron Jackson Pump Company; Fluor Constructors International, f/k/a Fluor Corporation; Fluor Constructors International, Incorporated; Fluor Daniel Services Corporation; Fluor Enterprises, Inc.; General Electric Company; Goulds Pumps, Incorporated; Metropolitan Life Insurance Company; Mine Safety Applicances Company, LLC; Pneumo Abex, LLC, successor in interest to Abex Corporation; SPX Cooling Technologies, Inc., individually and successor in interest to Marley Cooling Towers Co.; The Dow Chemical Company; Warner Electric LLC, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2021.

Attorney(s) appearing for the Case

ARGUED: Lisa White Shirley , DEAN OMAR BRANHAM SHIRLEY, LLP, Dallas, Texas, for Appellant. Elbert Lin , HUNTON ANDREWS KURTH, LLP, Richmond, Virginia, for Appellee. ON BRIEF: Benjamin D. Braly , DEAN OMAR BRANHAM SHIRLEY, LLP, Dallas, Texas; William M. Graham , WALLACE & GRAHAM, P.A., Salisbury, North Carolina, for Appellant. Leslie C. Packer , Raleigh, North Carolina, Curtis J. Shipley , ELLIS & WINTERS LLP, Greensboro, North Carolina; Katy Boatman , HUNTON ANDREWS KURTH LLP, Houston, Texas, for Appellee.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Diaz and Judge Harris joined.

On June 11, 2017, Charles F. Connor ("Mr. Connor") died at the age of 90 of mesothelioma, an aggressive form of cancer that is caused by the inhalation of asbestos fibers. Following Mr. Connor's death, his son, Darrell Connor ("Appellant"), individually and as executor of Mr. Connor's estate, brought a wrongful death action...

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