Sherman v. Hennessy Indus.
Annotate this CasePlaintiff, individually and as successor in interest to Debra Jean Sherman, together with Richard Sherman and Vicki Marlow, filed suit alleging negligence, strict liability, and loss of consortium claims against Hennessy. Plaintiffs alleged that a brake lining arcing machine made by its predecessor in interest released asbestos dust that caused Debra’s mesothelioma. The trial court granted summary judgment to Hennessy because the company was not liable for injury caused by asbestos dust from brake linings its predecessor in interest neither manufactured nor distributed. At issue was whether under O’Neil v. Crane Co., Hennessy can be liable for injuries arising from the application of the Automotive Maintenance Machinery Company (AMMCO) machine to asbestos-containing brake linings. The court concluded that Hennessy has failed to carry its initial burden on summary judgment regarding whether the brake linings were safe when not acted upon by the AMMCO machine. Accordingly, the court reversed and remanded.
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