Ex Parte U.S. Gypsum Co.

This petition for writ of mandamus arises from an alleged error of the trial court in ruling on a pre-trial motion in an asbestos litigation case. We grant the petition.

In 1985, the City of Enterprise sued various named and fictitious defendants who had allegedly participated in the manufacture or sale of asbestos products used in the City's school buildings. In 1987, in an amended complaint, the City substituted the petitioner, the United States Gypsum Company ("U.S. Gypsum"), for one of the fictitious defendants. In response to this amended complaint, and prior to filing an answer, U.S.…