COOGAN v. BORG-WARNER MORSE TEC INC.

NO. 98296-1.

490 P.3d 200 (2021)

Gerri S. COOGAN, the spouse of Jerry D. Coogan, deceased, and James P. Spurgetis, solely in his capacity as the Personal Representative of the Estate of Jerry D. Coogan, Deceased, Petitioners, v. BORG-WARNER MORSE TEC INC., (sued individually and as successor-in-interest to Borg-Warner Corporation); Caterpillar Global Mining, LLC (sued individually and as a successor-in-interest to Bucyrus International f/k/a Bucyrus-Erie Co.); Certainteed Corporation; Dana Companies LLC (sued individually and as successor-in-interest to Victor Gasket Manufacturing Company); Deere & Company (d/b/a John Deere: FMC Corporation (d/b/a Link-Belt Cranes and Heavy Construction Equipment); Formosa Plastics Corporation U.S.A (sued individually and as parent, alter ego and successor-in-interest to J-M Manufacturing Company and to J-M A/C Pipe Corporation); Hollingsworth & Vose Company; Honeywell International, Inc. f/k/a Allied-Signal, Inc. (sued individually and as successor-in-interest to Bendix Corporation); J-M Manufacturing Company, Inc. (sued individually and as parent and alter ego to J-M A/C Pipe Corporation); Kaiser Gypsum Company, Inc.; Link-Belt Construction Equipment Company, L.P., LLLP; Northwest Dryer & Machinery Co.; Officemax, Incorporated (f/k/a Boise Cascade Corporation); Parker-Hannifin Corporation; Pneumo Abex LLC (sued as successor-in-interest to Abex Corporation); Saberhagen Holdings, Inc. (sued as successor-in-interest to The Brower Company); Standart Motor Products, Inc. d/b/a EIS; SPX Corporation (sued individually and as successors-in-interest to United Dominion Industries Limited f/k/a AMCA International Corporation, individually and as successor in interest to Desa Industries Inc. and/or Insley Manufacturing as well as Koehring Company, individually and as successor in interest to Schield Bantam Company); Terex Corporation d/b/a Koehring Company individually and as successor-in-interest to Schield Bantam Company; and Wellons, Inc., Defendants, Genuine Parts Company d/b/a National Automotive Parts Association (a/k/a NAPA), and National Automotive Parts Association, Respondents.

Supreme Court of Washington.

Filed: July 8, 2021.


Attorney(s) appearing for the Case

Brian D. Weinstein , Alexandra Brett Caggiano , Weinstein Caggiano PLLC, 600 University St. Ste. 1620, Seattle, WA, 98101-4106, Lisa W. Shirley , Dean Omar Branham Shirley LLP, Jessica Dean , Dean Omar Branham LLP, 302 N. Market Street, Suite 300, Dallas, TX, 75202, William Joel Rutzick , Schroeter Goldmark & Bender, 810 3rd Ave. Ste. 500, Seattle, WA, 98104-1657, for Petitioners.

Michael Barr King , Timothy Kost Thorson , Jason Wayne Anderson , Carney Badley Spellman PS, 701 5th Ave. Ste. 3600, Seattle, WA, 98104-7010, Jeanne F. Loftis , Bullivant Houser Bailey PC, 1 Sw Columbia St. Ste. 800, Portland, OR, 97204-4022, Brendan Philip Hanrahan , Zones, LLC, 1102 15th St. Sw. Ste. 102, Auburn, WA, 98001-6524, Philip Albert Talmadge , Talmadge/Fitzpatrick, 2775 Harbor Ave. Sw., Third Floor Ste. C, Seattle, WA, 98126-2138, for Respondents.

Matthew Phineas Bergman , Justin Olson , Bergman Draper Oslund Udo, PLLC, 821 2nd Ave. Ste. 2100, Seattle, WA, 98104-1516, for Amicus Curiae on behalf of Violent Crime Victim Services and Child USA.

Weston Dunn , Attorney at Law, 701 5th Ave. Ste. 6800, Seattle, WA, 98104-7066, Evan S. Nadel , Mintz Levin Cohen Ferris, 44 Montgomery Street, 36th Floor, San Francisco, CA, 94104, Aaron R. Fenton , Mintz Levin Cohen Ferris, 44 Montgomery Street, 36th Floor, San Francisco, CA, 94104, for Amicus Curiae on behalf of COAlition for Litigation Justice, Inc.

Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave. Ste. 1300, Spokane, WA, 99201-0305, Valerie Davis McOmie , Attorney at Law, 4549 Nw. Aspen St., Camas, WA, 98607-8302, for Amicus Curiae on behalf of Washington State Association for Justice Foundation.

Noah Jaffe , Nicoll Black & Feig PLLC, 1325 4th Ave. Ste 1650, Seattle, WA, 98101-2506, for Amicus Curiae on behalf of Wa Defense Trial Lawyers.


¶1 Doy Coogan died of peritoneal mesothelioma after years of asbestos exposure through his automotive repair work and excavation business. A jury unanimously found Genuine Parts Company (GPC) and National Automotive Parts Association (NAPA) liable for Coogan's wrongful death and entered an $81.5 million verdict for his family and...

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