Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Kelly-Springfield formerly operated a tire manufacturing plant, and D supplied some of the chemicals used by Kelly-Springfield in its manufacturing operations. Ps and decedents are former employees of Kelly-Springfield who worked at the plant at various times between 1940 and 1987. The plant closed in 1987. Ps allege that they developed various diseases as a result of contact with toxic chemicals to which they were exposed during the manufacturing process at Kelly-Springfield. Ps seek recoveries from D based on the following theories: (1) strict liability; (2) breach of warranty; (3) negligence; and (4) fraudulent concealment. Ps claim that D manufactured and sold to Kelly-Springfield specific toxic chemicals, and that Ps were exposed to these toxic substances and that such exposure caused or contributed to a certain disease contracted by the worker(s). D moves for a summary judgment in that the plaintiffs have failed to produce evidence upon which a reasonable juror could rely to conclude that D-supplied chemicals or those supplied by another entity, in fact, caused their various ailments. In short, Ps cannot prove causation.
Issues
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Holding & Decision
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Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
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