Leo MACIAS and Patricia Macias, husband and wife, Petitioners,
v.
SABERHAGEN HOLDINGS, INC., as successor to Tacoma Asbestos Company and The Brower Company; American Optical Corporation; Ametek, Inc.; Mine Safety Appliances Company; North Safety Products, USA, Respondents,
Todd Pacific Shipyards Corporation, individually and as successor-in-interest to Todd Shipyards Corporation; Todd Shipyards Corporation, individually and as successor-in-interest to Todd Pacific Shipyards 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; General Electric Company; Goulds Pumps (IPG), Inc.; and Ingersoll-Rand Company, Defendants.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued October 20, 2011.
Decided August 9, 2012.
Attorney(s) appearing for the Case
John Wentworth Phillips, John Matthew Geyman, Phillips Law Group PLLC, Matthew Phineas Bergman, Brian F. Ladenburg, Bergman Draper Ladenburg, PLLC, Seattle, WA, for Petitioners.
Paul Joseph Kundtz, Wendy E. Lyon, Daniel Joseph Gunter, Riddell Williams PS, Kevin Carl Baumgardner, Anthony Todaro, Corr Cronin Michelson Baumgardner & Pree, Randy Jarl Aliment, Williams Kastner & Gibbs, Timothy Kost Thorson, Carney Badley & Spellman, Seattle, WA, Timothy Lee Ashcraft, Williams Kastner & Gibbs, Tacoma, WA, Robert Joseph Sexton, Attorney at Law, Toppenish, WA, for Respondents.
Brian Trevor Hodges, Pacific Legal Foundation, Bellevue, WA, Deborah J. La Ferta, Pacific Legal Foundation, Sacramento, CA, amicus counsel for Pacific Legal Foundation.
Bryan Patrick Harnetiaux, Spokane, WA, George M. Ahrend, Ahrend Albrecht PLLC, Ephrata, WA, amicus counsel for Washington State Association.
Mark Bahrens, Cary Silverman, Shook Hardy & Bacon LLP, Quentin Riegel, National Ass'n of Manufacturers, Robin S. Conrad, Kate Comerford Todd, National Chamber Litigation Center, Inc., Lynda Mounts, American Ins. Association, Donald Evans, American Chemistry Council, Washington, DC, James Otis Neet, Jr., Kansas City, MO, Sean Mcmurrough, Prop. Casualty Insurers Assoc. of Am., Des Plaines, IL, amicus counsel for National Association of Manufact, COAlition for Litigation Justice, Chambers of Commerce of the Us O., Property Casualty Insurers Assoc., and American Insurance Association, American Chemistry Council.
Supreme Court of Washington, En Banc.
MADSEN, C.J.
¶ 1 Plaintiff Leo Macias worked as a tool keeper in a shipyard and his job required that he maintain respirators that other workers wore to filter out dangerous contaminants. Mr. Macias and his wife Patricia Macias brought this suit against the respirator manufacturers, alleging that cleaning and maintaining the respirators exposed Mr. Macias to asbestos, causing him to develop mesothelioma. The plaintiffs claim that the
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