Hoffman v. AC&S Inc.

Elaine Hoffman filed suit against 16 manufacturers and/or suppliers of asbestos-containing products, alleging that she contracted malignant pleural mesothelioma1 as a result of exposure to defendants’ products.2 She asserted claims of both negligence and strict liability. After dismissing Hoffman’s claims against 11 of the defendants, the trial court granted summary judgment in favor of the remaining five defendants: Pittsburgh-Corning Corp.; AC&S, Inc.; Rapid-American Corp.; Asbestos Claims Management Co., f/k/a National Gypsum Co.; and Armstrong World Industries, Inc. “AWI”. Hoffman appeals the grant of summary judgment. We dismiss the appeal as to two defendants who have sought bankruptcy protection, and we affirm the grant of summary judgment to the remaining three defendants because Hoffman failed to present evidence identifying their products as the ones to which she was exposed.

1.Since the decision of the trial court, it appears that defendants Pittsburgh-Corning Corp. and Asbestos Claims Management Co. have sought relief under Chapter 11 of the Bankruptcy Code. Further proceedings against Pittsburgh-Corning Corp. and Asbestos Claims Management Co. are therefore stayed by operation of 11 USC § 362, and this appeal is dismissed without prejudice as to those parties. Hoffman may file a new notice of appeal as to those parties within 30 days of the lifting of the bankruptcy stays.3