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HOFFMAN v. ALLIED CORP.

No. 89-5764.

912 F.2d 1379 (1990)

Dr. Steven HOFFMAN, as Personal Representative of the Estate of Milton Hoffman and Lillian Hoffman, Plaintiffs-Appellants, v. ALLIED CORP., et al, Defendants, Armstrong World Industries, Inc., Fibreboard Corp., GAF Corp., H.K. Porter Co., Inc., Keene Corp., Owens-Illinois, Inc., Raymark Industries, Inc., Southern Textile Corp., Turner & Newall, Limited, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 26, 1990.

Attorney(s) appearing for the Case

Reed A. Bryan, McCune, Hiaasen, Crum, Gardner & Duke, Fort Lauderdale, Fla., for plaintiffs-appellants.

Gregory H. Maxwell, Zisser, Robison, Spohrer, Wilner & Harris, Jacksonville, Fla., for Armstrong, et al.

Fortson & White, Atlanta, Ga., for H.K. Porter and Southern Textile.

Tracy E. Tomlin, Stinson, Lyons, Gerlin & Bustamante, Miami, Fla., for Owens-Illinois, Inc. and Fibreboard Corp.

Before TJOFLAT, Chief Judge, FAY, Circuit Judge, and HOFFMAN, Senior District Judge.

FAY, Circuit Judge:

This case concerns a personal injury claim for damages arising out of an alleged incidental exposure to asbestos products over 40 years ago. Finding that plaintiffs-appellants Milton and Lillian Hoffman could not prove that Milton Hoffman either worked with or in close proximity to products manufactured by defendants-appellees Armstrong World Industries, et al. ("Armstrong"), and therefore failed to raise a genuine issue of material fact, the district...

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