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BUTTZ v. OWENS-CORNING FIBERGLAS CORP.12/18/1996
ful exposure complained of by the plaintiffs, however, occurred prior to the point at which the insulation products were incorporated into the realty. The fact that the insulation was destined for such use when it was manufactured does not in and of itself activate the statute.
Willis, 905 F.2d at 797-98.
The key to the application of section 614.1(11) is the physical attachment of the asbestos material to the real estate , not the intent to attach it as suggested by these defendants. The asbestos products were not attached at the time these plaintiffs were exposed and could not be considered to be improvements to real estate.
We agree with the district court that, for summary judgment purposes, the products involved in this case were not improvements to real property within the meaning of section 614.1(11), and we therefore affirm.
AFFIRMED.
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