MORGAN v. AURORA PUMP CO.

No. 63923-4-I.

248 P.3d 1052 (2011)

159 Wash.App. 724

James and Kay MORGAN, husband and wife, Appellants, v. AURORA PUMP CO., Buffalo Pumps, Inc., Elliott Turbomachinery Company a/k/a Elliot Company IMO Industries, Inc. (sued individually and as), Successor-in-interest to DeLaval Turbine, Inc., Leslie Controls, Inc., Warren Pumps LLC; Weir Valve & Controls USA, Inc. f/k/a Atwood & Morrill; and The William Powell, Co., Respondents. AGCO Corporation (sued individually and as successor-in-interest to The Buda Co.); Alfa Laval Inc., (sued individually and as successor-in-interest to The DeLaval Separator Company and The Sharples Corp.); Allis Chalmers Corporation Product Liability Trust, (sued individually and as successor-in-interest to Allis Chalmers Corporation and The Buda Company); Armstrong International, Inc.; Atlas Valve Company, Inc.; Blackmer Pump Company; BW/IP International, Inc. (sued individually and as successor-in-interest to Byron Jackson Pump Company); Cameron International Corporation, f/k/a Cooper Cameron Corporation (sued individually and as successor-in-interest to The Cooper-Bessemer Corporation); Carrier Corporation; CLA-VAL Co.; Cleaver-Brooks, Inc. f/k/a Aqua-Chem, Inc., d/b/a Cleaver-Brooks, Division; Coltec Industries, Inc. (sued individually and as successor-in-interest to Fairbanks Morse Engine); Crane Co. (sued individually and as successor-in-interest to Deming Pump); Crane Environmental Inc., (sued individually and as successor-in-interest to Cochrane Corporation); Crosby Valve, Inc.; Crown Cork & Seal Co., Inc. (sued individually and as successor-in-interest to Mundet Cork Company); Detroit Diesel; Dover Corporation (sued individually and as successor-in-interest to The Blackmer Pump Company); Durabla Manufacturing Company; Eaton Hydraulics, Inc. (sued individually and as successor-in-interest to Vickers, Inc.); Fairbanks Morse Pump Corporation; Flowserve US, Inc. (sued individually and as successor-in-interest to Durco International and Byron Jackson Pumps); FMC Corporation (sued individually and as successor-in-interest to Chicago Pump Company, Northern Pump Company f/k/a Northern Fire Apparatus Company and Chicago Pump Company and Peerless Pump Company); Fryer-Knowles Inc.; Gardner-Denver, Inc.; Gardner Denver Nash, L.L.C. f/k/a The Nash Engineering Company; Garlock Sealing Technologies, LLC. (sued individually and as successor-in-interest to Garlock, Inc. and U.S. Gasket Co.); General Motors Corporation; The Goodyear Tire & Rubber Company; Goulds Pumps, Inc.; Hardie-Tynes, LLC. (sued individually and as Hardie-Tynes Manufacturing Company); Hopeman Brothers Inc.; Hopeman Brothers Marine Interiors, a/k/a Hopeman Brothers, Inc.; Ingersoll-Rand Company (sued individually and as successor-in-interest to Terry Steam Turbine); John Crane, Inc.; McNally Industries, Inc. (sued individually and as successor-in-interest to Northern Pump Company f/k/a Northern Fire Apparatus Company); Metallo Gasket Company, Inc.; Metropolitan Life Insurance Company; The Nash Engineering Company; Northern Pump Company (sued individually and as successor-in-interest to Northern Fire Apparatus); O.C. Keckley Company (sued individually and as successor-in-interest to Klipfel Valves, Inc.); Parker-Hannifin Corporation, (sued individually and as successor-in-interest to Sacomo Sierra and Sacomo Manufacturing Co.); Peerless Heater Company; Peerless Industries, Inc.; Sterling Fluid Systems, Inc. f/k/a Peerless Pumps Co.; Tuthill Corporation; Tyco Flow Control (sued individually and as successor-in-interest to Gimpel Corporation Hancock, Lunkenheimer); Velan Valve Corp.; Viad Corporation f/k/a (sued individually and as successor-in-interest to Griscom Russell Company); Viking Pump, Inc.; Weil Pump Company; Yarway Corporation and York International Corporation, Defendants.

Court of Appeals of Washington, Division 1.

January 31, 2011.


Attorney(s) appearing for the Case

William Joel Rutzick , Schroeter Goldmark & Bender, Seattle, WA, for Appellants.

John M. Mattingly , Allen E. Eraut , Jeanne F. Loftis , Bullivant Houser Bailey, Portland, OR, Barry N. Mesher , Brian D. Zeringer , Jefrey M. Odoom , Lane Powell , E. Pennock Gheen , Walter Barton , Karr Tuttle Campbell , James E. Horne , Michael E. Ricketts , Gordon Thomas Honeywell Malanca Peterson, Mark B. Tuvin , Kevin J. Craig , Gordon & Rees, Dana C. Hoerschelmann , Russell C. Love , Thorsrud Cane & Paulich, Jerret Sale , Deborah L. Carstens , Bullivant House Bailey, Carl E. Forsberg , Melissa L. Carstens , Bullivant House Bailey, Carl E. Forsberg , Melissa K. Roeder , Forsberg & Umlauf, Seattle, WA, Brian Barrow , Simon Eddins & Greenstone, Long Beach, CA, for Respondents.


SPEARMAN, J.

¶ 1 This appeal stems from an asbestos lawsuit. Kay Morgan appeals the summary judgment dismissal of the Morgans' claims against Aurora Pump Co., Buffalo Pumps, Inc., Elliott Co., IMO Industries, Inc. (formerly DeLaval Turbine, Inc.), Leslie Controls, Inc., Warren Pumps LLC, Weir Valves & Controls USA, Inc. (formerly Atwood & Morrill Co., Inc.), and Wm. Powell Co. (Respondents).1 James Morgan worked for Puget...

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