WELCH v. BRAND INSULATIONS, INC.

No. 83745-1-I.

531 P.3d 265 (2023)

David J. WELCH and Linda Welch, husband and wife, Appellants, v. BRAND INSULATIONS, INC. and Haskell Corporation, Respondents, and Air & Liquid Systems Corporation, as Successor by Merger to Buffalo Pumps, Inc.; Atlantic Richfield Company (ARCO); BP America, Inc.; BP Corporation of North America, Inc., as successor in interest to Amoco, Inc. and American Oil Company; BP Products North Amerca Inc., as successor in interest to Amoco, Inc. and American Oil Company; BW/IP, Inc., f/k/a Borg-Warner Industrial Products, successor-in-interest to Byron Jackson Pumps; Carrier Corporation; Cooper Industries, Inc., f/k/a the Cooper-Bessemer Corporation; Electrolux Home Products, Inc., as successor-in-interest to Copes-Vulcan, Inc.; Flowserve US Inc., solely as successor-in-interest to Edward Valves, Inc.; Foster Wheeler LLC; General Electric Company; Goulds Pumps (IPG), LLC; IMO Industries, Inc., individually and as successor-in-interest to De Laval Turbine, Inc. and liable for C.H. Wheeler; ITT LLC, as successor-in-interest to Foster Valves; Metalclad Insulation LLC; Metropolitan Life Insurance Company; North Coast Electric Company; Pfizer, Inc.; P-G Industries, Inc., as successor-in-interest to Pryor Giggey Co., Inc.; Spirax Sarco, Inc.; Tate Andale, LLC; the Nash Engineering Company; Union Carbide Corporation; Velan Valve Corporation; Viacomcbs, Inc.; TWC the Valve Company, L.L.C.; Warren Pumps, LLC., Individually and as successor in interest to Quimby Pump Company; Weir Valve & Controls USA Inc., Individually and as successor-in-interest to Atwood & Morrill Co., Inc.; Westinghouse Electric Corporation, as successor-in-interest to B.F. Strutevant Company; the William Powell Company; A.W. Chesterton Company; Caterpillar, Inc.; and Crown Cork & Seal Company, Inc., Defendants.

Court of Appeals of Washington, Division 1.

Filed June 20, 2023.


Attorney(s) appearing for the Case

Matthew Phineas Bergman , Vanessa Jane Firnhab Oslund , Justin Olson , Bergman Oslund Udo Little PLLC, 520 Pike St. Ste. 1125, Seattle, WA, 98101-4058, for Appellants.

David Albert Shaw , Williams Kastner & Gibbs, 601 Union St. Ste. 4100, Seattle, WA, 98101-2380, Tyler J. Hermsen , Williams Kastner, 601 Union St. Ste. 4100, Seattle, WA, 98101-1368, J. Scott Wood , Virginia Leeper , Gordon Rees Scully Mansukhani LLP, Zackary Adam Paal , Gordon Rees Scully Mansukhani, 701 5th Ave., Ste. 2100, Seattle, WA, 98104-7084, Diane Catherine Babbitt , Lane Powell, P.O. Box 91302, Seattle, WA, 98111, for Respondents.


PUBLISHED OPINION

In Condit v. Lewis Refrigeration Co., 101 Wn.2d 106, 676 P.2d 466 (1984), our Supreme Court adopted a test to determine whether a claim is barred under the construction statute of repose because it arises from the defendant...

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