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Fisher v. Allis-Chalmers Corporation Product Liability Trust2/4/2002
not established as a matter of law that it is protected from liability by the general rule of successor non-liability because it has not eliminated the application of the exceptions to that rule including, but not limited to, (1) the exception concerning the assumption of liability by agreement, (2) the "mere continuation" exception, and (3) the exception for "product line successors." Furthermore, Siemens is not entitled to summary judgment on the merits of the product liability theory for the same reasons applicable to Allis Trust. (See Part II.D., supra.)
DISPOSITION
The December 6, 1999, judgment in favor of Siemens is reversed; the trial court is directed to vacate the December 3, 1999, order granting the motions for summary judgment of the defendants and enter a new order denying the motions. We reinstate the trial court's orders vacating the finding that the requests for admission be deemed admitted and vacating the December 6, 1999, judgment in favor of Allis. The matter is remanded to the trial court for further proceedings consistent with this opinion. Fisher is awarded costs on appeal.
WE CONCUR:
DIBIASO, Acting P. J.
CORNELL, J.
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