Sherman

Appellant Michael Sherman, individually and as successor in interest to Debra Jean Sherman, together with appellants Richard Sherman and Vicki Marlow, asserted claims for negligence, strict liability, and loss of consortium against respondent Hennessy Industries, Inc. (Hennessy), alleging that a brake lining arcing machine made by its predecessor in interest released asbestos dust that caused Debra Jean Sherman’s mesothelioma. The trial court granted summary judgment in Hennessy’s favor on appellants’ claims, concluding that Hennessy was not liable for injury caused by asbestos dust from brake linings its predecessor in interest neither manufactured nor distributed. We reverse.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

In March 2012, appellants initiated the underlying action. Their first amended complaint, filed March 22, 2012, contains claims against Hennessy for negligence, strict liability, false representation, failure to warn, and loss of consortium. The claims rely on allegations that Hennessy’s predecessor in interest, the Automotive Maintenance Machinery Company (AMMCO), designed and sold an arcing machine whose “sole function” was to abrade…