Legal Opinion · Concurring in part, dissenting in part
Evelyn Nye v. Bayer Cropscience, Inc.
Tennessee Supreme Court
Decided June 7, 2011No. E2008-01596-SC-R11-CVPublished
1Concurring in part, dissenting in partJanice M. Holder, J.
I concur in the majority’s conclusion that the learned intermediary doctrine is not applicable to the facts of this case. I disagree, however, that Pittsburgh Corning Corporation (“Pittsburgh Corning”) and Owens Corning Corporation (“Owens Corning”) were unavailable for service of process and that North Brothers, Inc. (“North Brothers”) therefore is subject to suit in strict liability pursuant to Tennessee Code Annotated section 29-28-106 (2000).
In September 2005, Hugh Todd Nye was diagnosed with mesothelioma, a disease that results from exposure to asbestos. On May 15, 2006, Mr. Nye and his…
2Cases cited12 opinions
- McIntyre v. BalentineTennessee Supreme Court · 1992
- In re Owens CorningCourt of Appeals for the Third Circuit · 2005
- Wyatt v. A-Best, CompanyTennessee Supreme Court · 1995
- Cathey v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
- Potts v. Celotex Corp.Tennessee Supreme Court · 1990
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