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RUBLEE v. CARRIER CORP.

No. 75009-7-I.

398 P.3d 1247 (2017)

Margaret RUBLEE, individually and as personal representative of the Estate of Vernon D. Rublee, Petitioner, v. CARRIER CORPORATION; Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc.; 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; Elliott Company; General Electric Company; IMO Industries, Inc., individually and as successor in interest to De Laval Turbine, Inc.; Ingersoll-Rand Company; Lone Star Industries, Inc., individually and as successor in interest to Pioner Sand & Company; Metropolitan Life Insurance Company; Saberhagen Holdings, Inc.; Union Carbide Corporation; and Warren Pumps, LLC, individually and as successor in interest to Quimby Pump Company, Defendants, Pfizer, Inc., Respondent.

Court of Appeals of Washington, Division 1.

FILED: June 26, 2017.

Attorney(s) appearing for the Case

Matthew Phineas Bergman , Chandler H. Udo , Colin Mieling , Bergman Draper Oslund, PLLC, 821 2nd Ave., Ste. 2100, Seattle, WA, 98104-1516, for Appellant.

Howard Terry Hall , Zackary Adam Paal , Foley & Mansfield, 999 3rd Ave., Ste. 3760, Seattle, WA, 98104-4009, Marissa Alkhazov , Betts Patterson & Mines, P.S., 701 Pike St., Ste. 1400, Seattle, WA, 98101-3927, Jenny Anne Durkan , Quinn Emanuel, 600 University St., Ste. 2800, Seattle, WA, 98101-4123, Sheila Birnbaum , Hayden Coleman , Quinn Emanuel Urquhart, 51 Madison Ave., 22nd Floor, New York, NY, 10010, for Respondent.

¶1 Margaret Rublee appeals the summary judgment dismissal of her wrongful death action against Pfizer Inc. She seeks to impose liability on Pfizer as an "apparent manufacturer" under Restatement (Second) of Torts § 400 (Am. Law Inst. 1965), claiming that Pfizer represented itself as a manufacturer of products...

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