Frankhauser v. Borgwarner Morse Tec LLC
Mary Fankhauser and Paul Fankhauser, Plaintiffs-Appellants
Honeywell International Inc, Honeywell International Inc as successor to Alliedsignal Inc. Successor in interest to Abex Corporation, Borgwarner Morse Tec LLC as Successor in interest to Borgwarner Corporation, DCO LLC, Arvinmeritor Inc., International Truck and Engine Corporation, Genuine Parts Company Successor in interest to National Automotive Parts Company aka NAPA, Borgwarner Morse TEC LLC, Westrock MWV LLC, Midwest Wheel Companies Inc., Navistar Inc., Milwaukee Electric Tool Corporation, Ohalloran International Inc., Kelsey Hayes Company, Ford Motor Company, Union Carbide Corporation, Deere & Company, Westrock MWV Successor in interest to Mead Corporation, Defendants-Appellees
Attorney for Appellants
Brian P. Galligan
Attorneys for Appellees
Mark R. Bradford
David R. Bradford
Jonathan Casillo Marquet
Margaret Mary Chaplinsky
Reagan William Simpson
Scott Michael Flaherty
International Truck and Engine Corporation, Self-Represented
Michael Murphy Skram
Westrock MWV LLC and Westrock MWV LLC Successor in interest to Mead Corporation, Self-Represented
Nathan McConkey
Richard Gittins Book
Jessica Lynn Cleereman
Steven Reitenour
Alexander E. Wonio
Donna Renae Miller
Thomas Michael Boes
Jason Madden
Deere & Company, Self-Represented
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. REVERSED AND REMANDED. Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Schumacher, J. (9 pages)
Plaintiffs in an asbestos action appeal the district court’s ruling that granted two defendants’ motions for summary judgment based on Iowa Code section 686B.7(5) (2018). OPINION HOLDS: We find the district court misinterpreted section 686B.7(5). That section does not limit liability for the defendants in this action, and summary judgment in their favor was improper. We reverse and remand for further proceedings.
