YANKEE v. APV NORTH AMERICA, INC.

Nos. 64312-6-I, 65019-0-I.

262 P.3d 515 (2011)

164 Wn. App. 1

Sandra YANKEE, Individually and as Personal Representative of the Estate of Dennis Yankee, Respondent, v. APV NORTH AMERICA, INC., Petitioner, Atlas Supply, Inc.; MCK Tool & Supply, Inc.; and Vaughn Co., Inc., Defendants. Renata Needles, Individually and as Personal Representative of the Estate of Witold Siemieniec, Appellant, v. APV North America, Inc., Respondent, ASCO Valve, Inc.; Armstrong International, Inc.; BW/IP International, Inc. (sued individually and as successor-in-interest to Byron Jackson Pumps); Buffalo Pumps, Inc. (sued individually and as successor-in-interest to Buffalo Forge Company); C.H. Murphy/Clark-Ullman, Inc.; Carver Pump Company; Chicago Pneumatic Tool Company; Cincinnati Valve Company (sued individually and as successor-in-interest to The Lunkenheimer Company); Crane Co. (sued individually and as successor-in-interest to Chapman Valve Co. and Cochrane Inc.); FMC Corporation (sued individually and as successor-in-interest to Northern Pump and Peerless Pump Company); Fairbanks Morse Pump Corporation; Flowserve U.S. Inc. (sued individually and as successor-in-interest to Nordstrom Valves, Inc., Kammer Valves Inc., Byron Jackson Pumps, Pacific Pumps, and Durco International, Inc.); Foseco Metallurgical Inc.; Foster Wheeler Energy Corporation; Gardner Denver, Inc. (sued individually and as successor-in-interest to Joy Manufacturing Company and Sutorbilt); Garlock Sealing Technologies, LLC (sued individually and as successor-in-interest to Garlock, Inc.); Imo Industries, Inc. (sued individually and as successor-in-interest to DeLaval Turbine, Inc. and Warren Pumps, LLC); Ingersoll-Rand Company; Kammer Valves Inc.; Keeler/Dorr-Oliver Boiler Company (sued individually and as successor-in-interest to E. Keeler Company); The Lunkenheimer Company; Maxon Corporation; McNally Industries, Inc. (sued individually and as successor-in-interest to FMC Corporation and Northern Pump); Metalclad Insulation Corporation; Nordstrom Audco Inc. (sued individually and as successor-in-interest to Nordstrom Valves, Inc.); Saberhagen Holdings, Inc.; Spence Engineering Company, Inc.; Sterling Fluid Systems (USA), LLC f/k/a Peerless Pump Company; Viking Pump, Inc.; Warren Pumps, LLC (sued individually and as successor-in-interest to Quimby Pump Co.); Weir Valve & Controls USA, Inc. f/k/a Atwood & Morrill; The William Powell Company; and Yarway Corporation, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered October 3, 2011.


Attorney(s) appearing for the Case

John Michael Mattingly , Allen E. Eraut , Claude F. Bosworth , Rizzo Mattingly Bosworth PC , Portland, OR, for Petitioner/Respondent, APV North America, Inc.

Thomas J. Owens , Attorney at Law, Seattle, WA, for Respondent/Appellant, Sandra Yankee & Renata Needles.


SCHINDLER, J.

¶ 1 In Braaten v. Saberhagen Holdings, 165 Wn.2d 373, 380, 198 P.3d 493 (2008), the Washington Supreme Court held that a manufacturer has no duty under products liability or negligence principles to warn of the exposure to asbestos-containing replacement parts that it did not manufacture, sell, or supply. Sandra Yankee, individually and as the personal representative of the Estate of Dennis Yankee (Yankee...

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