Petrini
Petrini v. Mohasco Corp.
Opinion
Opinion
Lambden, J.
— Therese Petrini appeals from the summary judgment granted in favor of defendant Mohasco Corporation. She contends the trial court erred in concluding that no triable issue of fact exists to establish that defendant Mohasco Corporation (Mohasco) is a successor in interest to William Volker & Company (Volker). We agree and reverse the judgment.
Facts
Plaintiffs are the widow and children of decedent John Petrini. In a first amended complaint filed on August 1, 1994, they sued Mohasco and some 225 named defendants for damages for decedent’s death in 1993 allegedly caused by mesothelioma, resulting from exposure to asbestos in floor tiles.
Plaintiffs allege that Mohasco is liable as the successor in interest of Volker, which supplied some of the floor tiles and linoleum products containing asbestos. Mohasco filed an answer admitting it had acquired the capital stock of Volker, a Nevada corporation, in January 1970 and that Volker was its wholly owned subsidiary until December 1985. Mohasco denied it is Volker’s successor in interest for purposes of the allegations made in the complaint and denied any direct liability.