Cadlo

Plaintiffs Anthony and Maxlyn Cadlo appeal a summary judgment in favor of defendant Owens-Illinois, Inc., in their action for personal injuries and loss of consortium based on Anthony Cadlo’s exposure to Kaylo, an insulation product containing asbestos once made by Owens-Illinois. The Cadlos contend the trial court erred in sustaining Owens-Illinois’s demurrer to their causes of action for fraud, deceit, and concert of action. They also contend there are triable issues of fact regarding design defects in Kaylo.

We conclude that Owens-Illinois’s historic role in the design, manufacture and marketing of Kaylo will not support plaintiffs’ liability claims against Owens-Illinois in the absence of any allegation or evidence that Owens-Illinois had an actual connection with the design, manufacture or distribution of the asbestos to which Anthony Cadlo was exposed.

BACKGROUND

Facts

Owens-Illinois began developing Kaylo in the 1930’s and placed it on the market in 1943. In 1958 Owens-Illinois sold its Kaylo division to Owens-Coming Fiberglas Corporation (OCF). With the sale Owens-Illinois ceased all manufacture, sale, and distribution of Kaylo.

Anthony Cadlo was bom in…