ARNOLD v. SABERHAGEN HOLDINGS, INC.

No. 39055-8-II.

240 P.3d 162 (2010)

157 Wash.App. 649

Marjorie ARNOLD, individually and as Personal Representative of the Estate of Reuben J. Arnold; and Daniel J. Arnold, individually, Appellants, v. SABERHAGEN HOLDINGS, INC., as successor to Tacoma Asbestos Company and The Brower Company; American Optical Corporation; The Boeing Company; Certainteed Corporation; C.H. Murphy/Clarkullman, Inc.; D & G Mechanical Insulation, Inc.; Hanson Permanente Cement, Inc., f/k/a Kaiser Cement Corporation; Kaiser Gypsum Company, Inc.; International Paper Company, individually and as successor to St. Regis Paper Company and Champion International Corp.; Kipper & Sons Fabricators, Inc.; Lockheed Shipbuilding Company; Lone Star Industries, Inc., individually and as successor-in-interest to Pioneer Sand & Gravel Company; Mariana Properties, Inc., as successor-in-interest to Hooker Chemical Company; J.M. Martinac Shipbuilding Corporation; Metalclad Insulation Corporation; Millercoors, LLC, as successor-in-interest to Olympia Brewing Company; Mine Safety Appliances Company; North Safety Products USA; Occidental Chemical Corporation, as successor-in-interest to Hooker Chemical Company; P-G Industries, Inc., as successor-in-interest to Pryor Giggey Co., Inc.; Pioneer Americas, LLC, as successor-in-interest to Hooker Chemical Company; Rayonier, Inc.; Riley Power, Inc., a/k/a Riley Stoker Corp., f/k/a Babcock Borsig Power, Inc., f/k/a D.B. Riley, Inc.; Sequoia Ventures, Inc., f/k/a and as successor-in-interest to Bechtel Corporation, Bechtel, Inc., Bechtel McCone Company, Bechtel Group, Inc.; Simpson Timber Company; Todd Pacific Shipyards Corporation, individually and as successor-in-interest to Todd Pacific Shipyards Corporation; Trane U.S., Inc., f/k/a 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; Transalta Centralia Generation, LLC; Trico Contracting, Inc.; Union Carbide Corporation; General Construction Co., as successor by merger to Wright Schuchart Harbor Co.; Weyerhaeuser Company, Zurn Industries LLC; and Goulds Pumps (IPG), Inc., Respondents.

Court of Appeals of Washington, Division 2.

August 31, 2010.


Attorney(s) appearing for the Case

Brian F. Ladenburg , Matthew Phineas Bergman , Bergman Draper & Frockt, P.S., Seattle, WA, Philip Albert Talmadge , Sidney Charlotte Tribe , Talmadge/Fitzpatrick , Tukwila, WA, for Appellants.

Robert Gregory André , Attorney at Law, Jeffrey Duane Dunbar , Ogden Murphy Wallace P.L.L.C., Seattle, WA, for Respondents.

Walter Eugene Barton , Attorney at Law, Seattle, WA, amicus counsel for Todd Shipyards Corporation.


PENOYAR, J.

¶ 1 Marjorie Arnold and her son Daniel (the Arnolds)1 appeal the trial court's order granting summary judgment to Lockheed Shipbuilding Company (Lockheed) and dismissing their asbestos-related claims.2 The Arnolds sued Lockheed after Reuben Arnold, Marjorie's husband and Daniel's father, died from mesothelioma. Together with Reuben's claims stemming from his work as an insulator at Lockheed...

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