ABBAY v. AURORA PUMP COMPANY

No. 62399-1-I.

GEORGE ABBAY and LYNNE ABBAY, husband and wife, Appellants v. AURORA PUMP COMPANY; CAMERON INTERNATIONAL CORPORATION f/k/a COOPER CAMERON CORPORATION, (sued individually and as successor-in-interest to JOY MANUFACTURING COMPANY); CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., d/b/a CLEAVER-BROOKS DIVISION; COLTEC INDUSTRIES, INC. (sued individually and as successor-in-interest to FAIRBANKS MORSE ENGINE); CRANE CO. (sued individually and as successor-in-interest to COCHRANE CORPORATION and CHAPMAN VALVE CO.); ELLIOTT TURBO MACHINERY COMPANY a/k/a ELLIOTT COMPANY; FAIRBANKS MORSE PUMP CORPORATION; FMC CORPORATION (sued individually and as successor-in-interest to PEERLESS PUMP COMPANY and CHICAGO PUMP COMPANY); FOSTER WHEELER ENERGY CORPORATION; GENERAL MOTORS CORPORATION (sued individually and as successor-in-interest to DELPHI HARRISON THERMAL SYSTEM and HARRISON RADIATOR); IMO INDUSTRIES, INC. (sued individually and as successor-in-interest to DELAVAL TURBINE, INC., and C.H. WHEELER); LESLIE CONTROLS, INC.; MCWANE INC. (sued individually and as successor-in-interest to KENNEDY VALVE MANUFACTURING COMPANY, KENNEDY VALVE, INC., and KENNEDY VALVE COMPANY); SABERHAGEN HOLDINGS, INC.; STERLING FLUID SYSTEMS, INC. f/k/a PEERLESS PUMP COMPANY; VIKING PUMP, INC.; WARREN PUMPS, LLC (sued individually and as successor-in-interest to QUIMBY PUMP COMPANY); YARWAY CORPORATION, (individually and as successor-in-interest to GIMPEL CORPORATION), Respondents, AFTON PUMPS, INC.; ALFA LAVAL, INC. (sued individually and as successor-in-interest to THE DELAVAL SEPARATOR COMPANY and SHARPLES CORPORATION); ALLIS CHALMERS CORPORATION PRODUCT LIABILITY TRUST (as successor-in-interest to ALLIS-CHALMERS CORPORATION); AMERICAN STANDARD, INC., d/b/a AMERICAN STANDARD PRODUCTS, INC. (sued individually and as successor-in-interest to AMERICAN BLOWER CORPORATION); ARMSTRONG INTERNATIONAL, INC.; ASCO VALVE, INC.; BUFFALO PUMPS, INC. (sued individually and as successor-in-interest to BUFFALO FORGE COMPANY); CARVER PUMP COMPANY; CBS CORPORATION f/k/a VIACOM, INC. (sued as successor-by-merger to CBS CORPORATION f/k/a WESTINGHOUSE ELECTRIC CORPORATION and also as successor-in-interest to BF STURTEVANT); CLA-VAL CO. COEN COMPANY, INC. (sued individually and as successor-in-interest to COEN MANUFACTURING CORP.); CRANE ENVIRONMENTAL, INC. (sued individually and as successor-in-interest to COCHRANE CORPORATION); CROSBY VALVE, INC.; CROWN CORK & SEAL CO., INC. (sued individually and as successor-in-interest to MUNDET CORK COMPANY); CYCLOTHERM CORPORATION; DURABLA MANUFACTURING COMPANY; EATON HYDRAULICS, INC. (sued individually and as successor-in-interest to VICKERS, INC); FLOWSERVE US INC. (as successor-in-interest to PACIFIC PUMPS and BYRON JACKSON PUMP COMPANY); FRYER-KNOWLES, INC.; FRYER-KNOWLES, INC., A WASHINGTON CORPORATION; GARDNER DENVER, INC. (sued individually and as successor-in-interest to JOY MANUFACTURING COMPANY); GARDNER DENVER NASH, L.L.C. f/k/a THE NASH ENGINEERING COMPANY; GARLOCK SEALING TECHNOLOGIES, LLC (sued individually and as successor-in-interest to GARLOCK, INC.); THE GOODYEAR TIRE & RUBBER COMPANY; THE GORMAN-RUPP COMPANY; GOULDS PUMPS, INC.; HARDIE-TYNES, LLC (sued individually and as successor-in-interest to HARDIE-TYNES MANUFACTURING COMPANY); INTERSOLL RAND COMPANY (sued individually and as successor-in-interest to TERRY STEAM TURBINE COMPANY); ITT INDUSTRIES, INC. (sued individually and as successor-in-interest to KENNEDY VALVE MANUFACTURING CO., KENNEDY VALVE, INC., and KENNEDY VALVE CO.); J.T. THORPE & SON, INC.; JOHN CRANE, INC.; M. SLAYEN AND ASSOCIATES, INC.; METALCLAD INSULATION CORPORATION; METROPOLITAN LIFE INSURANCE COMPANY; MUELLER COMPANY; THE NASH ENGINEERING COMPANY; THE NORTHROP GRUMMAN FOUNDATION (sued individually and as successor-in-interest to LITTON INDUSTRIES); PARKER-HANNIFIN CORPORATION (sued individually and as successor-in-interest to SACOMO SIERRA and SACOMO MANUFACTURING CO.); PEERLESS INDUSTRIES INC.; RAPID-AMERICAN CORPORATION (sued individually and as successor-in-interest to PHILIP CAREY MANUFACTURING CORPORATION); SB DECKING, INC. f/k/a SELBY BATTERSBY & CO.; SPIRAX SARCO, INC.; SYD CARPENTER, MARINE CONTRACTOR, INC.; TACO, INC.; TWC THE VALVE COMPANY, L.L.C. (sued individually and as successor-in-interest to THE WALWORTH COMPANY); VELAN VALVE CORPORATION; VIAD CORPORATION f/k/a THE DIAL CORPORATION (sued individually and as successor-in-interest to GRISCOM-RUSSELL COMPANY); WEIL PUMP COMPANY, INC.; WEIR VALVES & CONTROLS USA, INC. f/k/a ATWOOD & MORRILL, Defendants.

Court of Appeals of Washington, Division One.

Filed: August 8, 2011.


Attorney(s) appearing for the Case

Janet L Rice , Schroeter Goldmark Bender , 810 3rd Ave Ste 500, Seattle, WA, 98104-1657.

Brian P Barrow , Simon, Eddins, & Greenstone, 301 E. Ocean Blvd, #1950, Long Beach, CA, 90802, Counsel for Appellant(s).

Carl Edward Forsberg , Forsberg & Umlauf PS, 901 5th Ave Ste 1400, Seattle, WA, 98164-2047.

Melissa Kay Roeder , Forsberg & Umlauf, 901 5th Ave Ste 1400, Seattle, WA, 98164-2047.

Catherine Elizabeth Jeannotte , Attorney at Law, 8533 2nd Ave Ne, Seattle, WA, 98115-2905.

Christine Elisabeth Dinsdale , Soha & Lang PS, 1325 4th Ave Ste 1000, Seattle, WA, 98101-2524.

David J Fisher , Attorney at Law, 228 W Pointe Dr, Swansea, IL, 62226-8303, Counsel for Defendant(s).

Mark Bradley Tuvim , Gordon & Rees LLP, 701 5th Ave Ste 2100, Seattle, WA, 98104-7084.

Kevin James Craig , Gordon & Rees LLP, 701 5th Ave Ste 2100, Seattle, WA, 98104-7084.

Virginia Leeper , The Gaitan Group, 3131 Elliott Ave Ste 700, Seattle, WA, 98121-1047.

Jose Edward Gaitan , The Gaitan Group PLLC, 3131 Elliott Ave Ste 700, Seattle, WA, 98121-1047.

John Michael Mattingly , Rizzo Mattingly Bosworth PC, 411 Sw 2nd Ave Ste 200, Portland, OR, 97204-3408.

Robert Dirk Bernhardt , Murray Dunham & Murray, Po Box 9844, Seattle, WA, 98109-0844.

E. Pennock Gheen III , Karr Tuttle Campbell, 1201 3rd Ave Ste 2900, Seattle, WA, 98101-3028.

Walter Eugene Barton , Attorney at Law, 1201 3rd Ave Ste 2900, Seattle, WA, 98101-3284.

James Edward Horne , Gordon, Thomas, Honeywell, Malanca, Pete, 600 University St Ste 2100, Seattle, WA, 98101-4185.

Michael Edward Ricketts , Gordon Thomas Honeywell Malanca Peterson, 600 University St Ste 2100, Seattle, WA, 98101-4185.

G William Shaw , K&L Gates LLP, 925 4th Ave Ste 2900, Seattle, WA, 98104-1158.

Michael K. Ryan , K&L Gates LLP, 925 4th Ave Ste 2900, Seattle, WA, 98104-1158.

Timothy Kost Thorson , Carney Badley & Spellman, 701 5th Ave Ste 3600, Seattle, WA, 98104-7010.

Leonard W. Juhnke , Attorney at Law, 701 5th Ave Ste 3600, Seattle, WA, 98104-7010.

Jeanne F. Loftis , Bullivant Houser Bailey PC, 888 Sw 5th Ave, Portland, OR, 97204-2012.

Jerret E. Sale , Bullivant Houser Bailey PC, 1601 5th Ave Ste 2300, Seattle, WA, 98101-1618.

Deborah Lynn Carstens , Bullivant Houser Bailey PC, 1601 5th Ave Ste 2300, Seattle, WA, 98101-1618.

Paul J. Lawrence , Pacifica Law Group LLP, 1191 2nd Ave Ste 2100, Seattle, WA, 98101-2945.

Jason Christopher Hawes , Wolfstone Panchot & Bloch PS Inc, 1111 3rd Ave Ste 1800, Seattle, WA, 98101-3217.

Todd M. Thacker , Jackson & Wallace, 55 Francisco Street, 6th Floor, San Francisco, CA, 94133.

Christine A. Huntoon , 55 Francisco Street, 6th Floor, San Francisco, CA, 94133.

Katherine M. Steele , Stafford Frey Cooper , 601 Union St Ste 3100, Seattle, WA, 98101-1374.

J. William Ashbaugh , Hackett Beecher & Hart, 1601 5th Ave Ste 2200, Seattle, WA, 98101-1651.

James R Lynch , Attorney at Law, 601 Union St Ste 3100, Seattle, WA, 98101-1374.

Ronald Clayton Gardner , Gardner Trabolsi & Associates PLLC, 2200 6th Ave Ste 600, Seattle, WA, 98121-1849.

David D Mordekhov , Gardner Trabolsi & Associates PLLC, 2200 6th Ave Ste 600, Seattle, WA, 98121-1849, Counsel for Respondent(s).


UNPUBLISHED OPINION

SCHINDLER J.

George Abbay and his spouse Lynne Abbay (Abbay) appeal summary judgment dismissal of his personal injury lawsuit against manufacturers and suppliers of asbestos-containing products or equipment used on United States Navy vessels at the Puget Sound Naval Shipyard (PSNS).1 In an effort to prevent the respondents from seeking removal to federal court, Abbay disclaimed "any cause of action or recovery...

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