Williams v. The Flintkote Co.

Joyce and Carlton Williams sued The Flintkote Company “Flintkote”, GAF Corporation “GAF”, and numerous other corporations for negligence, strict liability, and breach of warranty, alleging that Mrs. Williams suffered injury from exposure to asbestos-containing products sold or distributed by the Defendants. Following discovery, Flintkote and GAF moved for summary judgment, which the trial court granted. The Williamses now appeal. For reasons that follow, we affirm the trial court’s ruling with respect to Flintkote, but dismiss the Williamses’ appeal as to GAF.

1. Submissions from the parties reveal that GAF sought Chapter Eleven bankruptcy protection on January 5, 2001, after the Williamses filed their Notice of Appeal. Accordingly, further proceedings against GAF are stayed by operation of 11 USC § 362, and we must dismiss this appeal without prejudice as to GAF.1 The Williamses may file a new Notice of Appeal relating to GAF within 30 days after the bankruptcy court lifts its stay.2