Joseph A. SIMONETTA and Janet E. Simonetta, a married couple, Respondents,
v.
VIAD CORPORATION f/k/a The Dial Corporation, individually and as Successor to Griscom Russell Company, Petitioner, and
Saberhagen Holdings, Inc., as successor to Tacoma Asbestos Company and The Brower Company; Bartells Asbestos Settlement Trust; Aqua-Chem, Inc., individually and as successor to Cleaver-Brooks Company; Foster Wheeler Energy Corporation; General Electric Company; General Refractories Company; IMO Industries, Inc., individually and as successor-in-interest to De Laval Turbine, Inc.; Ingersoll-Rand Company; Viacom Inc., individually and as successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation; Warren Pumps, Inc.; Dial Corporation, individually and as successor to Griscom Russell Company; Elliott Company, a/k/a Elliott Turbomachinery Co., Inc.; Carrier Corporation, individually and as successor-in-interest to Bryant Heating & Manufacturing Co.; J.T. Thorpe & SON, INC a/k/a J.T. Thorpe Company; Allis-Chalmers Corporation, individually and as successor to The Buda Company; and Quimby Equipment Co., Inc., Defendants.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
December 11, 2008.
December 11, 2008.
Attorney(s) appearing for the Case
Ronald Clayton Gardner, David D. Mordekhov, Gardner Bond Trabolsi PLLC, Seattle, WA, for Petitioner.
Matthew Phineas Bergman, David S. Frockt, Brian F. Ladenburg, Bergman & Frockt PLLC, John Wentworth Phillips, John Matthew Geyman, Phillips Law Group PLLC, Seattle, WA, for Respondents.
Frederick D. Baker, Brian R. Thompson, Sedgwick, Detert, Moran & Arnold, San Francisco, CA, John Alan Knox, William Kastner & Gibbs, PLLC, Seattle, WA, for Amicus Curiae, Caterpillar, Inc.
Jeanne F. Loftis, Bullivant Houser Bailey PC, Erich Gleber, Steven Rosenblatt, Amy Fenno, Segal McCambridge Singer & Mahoney, New York, NY, Allen E. Eraut, Rizzo Mattingly Bosworth PC, Portland OR, for Amicus Curiae, Flowserve Corporation.
Mark Bradley Tuvim, Corr Cronin Michelson Baumgardner & Preece, Seattle, WA, for Amicus Curiae, Ingersoll-Rand Company, Leslie Controls.
Deborah J. La Fetra, Timothy Sandefur, Alissa J. Strong, Elizabeth A. Yi, Pacific Legal Foundation, Sacramento, CA, Diana M. Kirchheim, Washington State Senate, Olympia, WA, for Amicus Curiae, Pacific Legal Foundation.
William Joel Rutzick, Schroeter Goldmark & Bender, Seattle, WA, for Amicus Curiae, Schroeter Goldmark & Bender.
Stewart Andrew Estes, Keating Bucklin & McCormack, Seattle, WA, for Amicus Curiae, Washington Defense Trial Lawyers.
Supreme Court of Washington, En Banc.
C. JOHNSON, J.
¶ 1 This case presents the issue of whether under the common law a manufacturer can be held liable for failure to warn of the hazards of another manufacturer's product. Joseph Simonetta claims his lung cancer was the result of exposure to asbestos while employed by the United States Navy. Simonetta performed maintenance on an evaporator, a device that desalinates seawater, manufactured by Griscom Russell, a company of which Viad Corporation is...
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