Benjamin H. Blackston, Wilmer L. Ring, John N. Turner, James N. Tanksley and Foster G. Hickox v. Shook and Fletcher Insulation Co., Ac & S, Inc.

RONEY, Circuit Judge:

This is one of the first asbestos-related injury tort cases to come before this Court. Regardless of the theory of liability in such eases, the threshold for every theory is proof that an injured plaintiff was exposed to asbestos-containing products for which the defendant is responsible. The key to the review of a summary judgment for a defendant in such case is whether the trial court imposed an improper burden on the plaintiff to establish an issue of fact that exposure occurred. In affirming the grant of summary judgment in this case we make two holdings: first, the…