Tillman v. Custom Aggregate

I2FOIL, Judge.

This appeal challenges the trial court’s action in dismissing a third party demand pursuant to a motion for summary judgment. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts in this litigation are not in dispute. John Tillman Sr. and his wife filed a tort action against Mr. Tillman’s employer, Superior Fabricators, Inc. and Superior’s executive officers (hereinafter collectively referred to as “Superior”). Mr. Tillman alleged that his exposure to toxic fibers and dust at his workplace caused him to contract silicosis. He averred that Superior and its executive officers knew…