MONTANEY v. J-M MFG. CO., INC.

No. 69364-6-I.

314 P.3d 1144 (2013)

Thomas G. MONTANEY and Marjorie E. Montaney, husband and wife, Appellants, v. J-M MANUFACTURING COMPANY, INC., Respondent, Certainteed Corporation; CBS Corporation, a Delaware corporation, f/k/a Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation; H.D. Fowler Co., Inc.; Honeywell International, Inc., successor-in-interest to Allied Signal, Inc., successor-in-interest to Bendix Corp., Metropolitan Life Insurance Company; Union Carbide Corporation; Water Applications Distribution Group, Inc., formerly known as U.S. Filter Distribution Group, Inc., as successor-by-merger to Pacific Waterworks Supply Co., Inc.; and WUSCO, Inc., doing business as Western Utilities Supply Co., Defendants.

Court of Appeals of Washington, Division 1.

December 23, 2013.


Attorney(s) appearing for the Case

Matthew Phineas Bergman , Glenn S. Draper , Chandler H. Udo , Kaitlin Tess Cherf , Bergman Draper Ladenburg, PLLC, Seattle, WA, for Appellant(s).

David Albert Shaw , Williams Kastner & Gibbs, Tami Becker Gomez , Williams Kastner, Seattle, WA, for Respondent(s).


VERELLEN, J.

¶ 1 The trial court granted summary judgment dismissing Thomas and Marjorie Montaney's claim against J-M Manufacturing (JMM) arising from Thomas's exposure to asbestos from pipe JMM sold. At the summary judgment hearing, evidence was presented that (1) Thomas Montaney was repeatedly exposed to asbestos dust while working with asbestos concrete (A/C) pipe between 1972 and 1990; (2) he purchased A/C pipe...

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