Bradberry v. Carrier Corp.

Betty Bradberry and Inez T. Jones, as the "personal representatives of the heirs-at-law and/or wrongful death beneficiaries of" the decedents, Roland E. Bradberry and George D. Jones, respectively (Plaintiffs), appealed the grant of summary judgment in favor of Carrier Corporation and multiple other defendants in the their wrongful-death action based on their decedents' exposure to asbestos in their work environment. Plaintiffs alleged that the defendants were jointly and severally liable for the death of their decedents through the contamination of the decedents' work sites. During the pendency of the proceedings, some of the defendants filed for bankruptcy. When those insolvent defendants moved to sever themselves from case due to the stay provisions under the bankruptcy code (and ultimately be dismissed), Plaintiffs fought to keep the action against all defendants together, arguing that the asbestos claims were one single cause of action that could not be split. The solvent defendants moved for a summary judgement to dismiss the case, arguing there was insufficient evidence to indicate the decedents had been exposed to any asbestos-containing projects manufactured or supplied by each defendant. The trial court ultimately granted summary judgment to all defendants, and Plaintiffs appealed. Upon careful review of the trial record and the applicable legal authorities, the Supreme Court affirmed the grant of summary judgment as to all defendants. View "Bradberry v. Carrier Corp." on Justia Law