Hatchett v. Quigley Company, Inc. Consolidated with No. 26332, Sherry v. Quigley Company, Inc.

Annotate this Case

Download PDF

*** NOT FOR PUBLICATION *** NO. 26331 IN THE SUPREME COURT OF THE STATE OF HAWAI#I HAWAII STATE ASBESTOS CASES GEORGE L. HATCHETT and ELAINE T. HATCHETT, Plaintiffs-Appellees vs. QUIGLEY COMPANY, INC., Defendant-Appellant and OWENS CORNING, formerly known as OWENS-CORNING FIBERGLASS CORPORATION, a Delaware corporation; OWENS-ILLINOIS, INC., an Ohio corporation; PITTSBURGH CORNING CORPORATION, a Pennsylvania corporation; FOSTER WHEELER CORPORATION, a Delaware corporation; THE LYNCH CO., INC., a Hawaii corporation; JOHN CRANE, INC., a Delaware corporation; GARLOCK, INC., an Ohio corporation; RAPIDAMERICAN CORPORATION as Successor-in-Interest to PHILIP CAREY CORPORATION, CAREY CANADA, PANACON, BRIGGS MANUFACTURING COMPANY and in its own rights as RAPID-AMERICAN CORPORATION, a Delaware corporation; COMBUSTION ENGINEERING, INC., a Delaware corporation; METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation; ARMSTRONG WORLD INDUSTRIES, INC., formerly known as ARMSTRONG CORK COMPANY, a Pennsylvania corporation, registered to do business in the State of Hawaii; GAF CORPORATION, a Delaware corporation; Successor-in-Interest to RUBEROID COMPANY, a Delaware corporation; ASBESTOS CLAIMS MANAGEMENT CORPORATION, Successor-in-Interest to NATIONAL GYPSUM COMPANY, INC., a corporation; UNITED STATES GYPSUM COMPANY, a Delaware corporation; A.P. GREEN INDUSTRIES, INC., a Delaware corporation; FLEXITALLIC, INC., a Delaware corporation; FIBREBOARD CORPORATION, formerly known as FIBREBOARD PAPER PRODUCTS CORPORATION, a Delaware corporation, Defendants (S.C. NO. 26331 (CIV. NO. 00-1-0984)) ----------------------------------------------------------------HAWAII STATE ASBESTOS CASES EDWARD J. SHERRY and THERESA M. SHERRY, Plaintiffs-Appellees vs. QUIGLEY COMPANY, INC., Defendant-Appellant *** NOT FOR PUBLICATION *** and OWENS CORNING, formerly known as OWENS-CORNING FIBERGLASS CORPORATION, a Delaware corporation; OWENS-ILLINOIS, INC., an Ohio corporation; PITTSBURGH CORNING CORPORATION, a Pennsylvania corporation; THE BABCOCK & WILCOX COMPANY, a Delaware corporation; FOSTER WHEELER CORPORATION, a Delaware corporation; THE LYNCH CO., INC., a Hawaii corporation; JOHN CRANE, INC., a Delaware corporation; GARLOCK, INC., an Ohio corporation; RAPIDAMERICAN CORPORATION as Successor-in-Interest to PHILIP CAREY CORPORATION, CAREY CANADA, PANACON, BRIGGS MANUFACTURING COMPANY and in its own rights as RAPID-AMERICAN CORPORATION, a Delaware corporation; COMBUSTION ENGINEERING, INC., a Delaware corporation; METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation; ARMSTRONG WORLD INDUSTRIES, INC., formerly known as ARMSTRONG CORK COMPANY, a Pennsylvania corporation, registered to do business in the State of Hawaii; GAF CORPORATION, a Delaware corporation; Successor-in-Interest to RUBEROID COMPANY, a Delaware corporation; ASBESTOS CLAIMS MANAGEMENT CORPORATION, Successor-in-Interest to NATIONAL GYPSUM COMPANY, INC., a corporation; UNITED STATES GYPSUM COMPANY, a Delaware corporation; A.P. GREEN INDUSTRIES, INC., a Delaware corporation; FLEXITALLIC, INC., a Delaware corporation; A.P. GREEN SERVICES INC., formerly known as BIGELOW-LIPTAK CORPORATION, a foreign corporation; DRESSER INDUSTRIES, INC., a Delaware corporation, Successor to HARBISON-WALKER REFRACTORIES CO., a Pennsylvania corporation; HARBISON-WALKER REFRACTORIES CO., a Pennsylvania corporation; INDRESCO, INC., a Delaware corporation; A.W. CHESTERTON COMPANY, a Massachusetts corporation; FIBREBOARD CORPORATION, formerly known as FIBREBOARD PAPER PRODUCTS CORPORATION, a Delaware corporation, Defendants (S.C. NO. 26332 (CIV. NO. 99-4646)) APPEAL FROM THE FIRST CIRCUIT COURT ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the records of No. 26331 and No. 26332, it appears that Civil No. 99-4646 and Civil No. 00-1-0984 have not been finally resolved as to all claims against all defendants. The December 15, 2003 judgments adjudicating the liability of defendant Quigley Company, Inc. in Civil No. 99-4646 2 *** NOT FOR PUBLICATION *** and Civil No. 00-1-0984 were not certified under HRCP 54(b) as final judgments. Thus, the appeals of the December 15, 2003 judgments are premature and we lack jurisdiction. 1(a); HRCP 54(b). See HRS § 641- Therefore, IT IS HEREBY ORDERED that No. 26331 and No. 26332 are dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, August 26, 2004. 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.