NEW v. BORG-WARNER CORPORATION

No. 13-00675-CV-W-DGK.

JOHN NEW, and BETH NEW, Plaintiffs, v. BORG-WARNER CORPORATION, et al., Defendants.

United States District Court, W.D. Missouri, Western Division.

October 3, 2014.


Attorney(s) appearing for the Case

John New, Plaintiff, represented by George H Kim, Douglas D. von Oiste, Erik Phillip Karst, Karst & von Oiste LLP, Jason Kyle Beale, Karst & von Oiste LLP, Jason M. Ministrelli, & Kirk J McCabe, McCabe Law Firm.

Beth New, Plaintiff, represented by George H Kim, Erik Phillip Karst, Karst & von Oiste LLP, Jason Kyle Beale, Karst & von Oiste LLP, Jason M. Ministrelli & Kirk J McCabe, McCabe Law Firm.

Borg-Warner Corporation, by its successor in interest into Borg-Warner Morse, TEC, Inc., Defendant, represented by Carl P. McNulty, II, Herzog Crebs LLP.

Caterpillar, Inc., individually and as successor in interest to Bucyrus International, Inc., Defendant, represented by Brian Joseph Huelsmann, HeplerBroom LLC, Eric P Hall, HeplerBroom LLC-Edwardsville & Kendall Mossman-Canfield, HeplerBroom LLC.

Daimler Trucks North America, LLC, formerly known as Freightliner, LLC, Defendant, represented by Kent L Plotner, Heyl, Royster, Voelker & Allen.

Federal-Mogul Asbestos Personal Injury Trust, as successor in Interest to Felt Products Manufacturing Co., Defendant, represented by Henry Lane Young, II, John J Kurowski, Lacy Michelle Fields, Kurowski Shultz LLC, Stephanie M. Galetti, Kurowski Shultz LLC & Allen E. Lockerman, IV.

Ford Motor Company, Defendant, represented by Nicholas L. DiVita, Berkowitz, Oliver, Williams, Shaw & Eisenbrandt, LLP & Timothy Ray West, Berkowitz, Oliver, Williams, Shaw & Eisenbrandt, LLP.

Hennessy Industries, Defendant, represented by James Hayes Ryan, Gordon & Rees, LLP, John Keen, Gordon & Rees, LLP & Robert Daniel Connealy, Gordon & Rees, LLP.


ORDER GRANTING MOTION TO DISMISS

GREG KAYS, District Judge.

This case involves asbestos-related injuries. Plaintiffs John and Beth New claim that John New contracted lung cancer after being exposed to asbestos while working at various automobile part and repair businesses. Plaintiffs1 filed a four-count lawsuit in Missouri state court against the various defendants that supplied the products that allegedly...

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