The Tennessee Supreme Court’s opinion in Carolyn Coffman et al v. Armstrong International, Inc., et al., at least implicitly, recognized a “bare metal defense” for the first time under Tennessee law. The Court addressed the issue of whether, under Tennessee law, equipment defendants “had a duty to warn of the dangers associated with the post-sale integration of asbestos-containing materials manufactured and sold by others.” The Court held that, under the Tennessee Products Liability Act (TPLA), Tenn. Code Ann. §29-28-101 through 108, the equipment defendants did not have a duty to warn end users about the post-sale incorporation of asbestos containing products manufactured by third parties.
Mark Smith
A strong trial attorney and skillful negotiator, Mark is a trusted advisor to executives and business owners in the manufacturing industry. He tenaciously defends clients' interests in the areas of product liability, business litigation and employment litigation.
In product liability, Mark handles a range of cases for major manufacturers and has litigated cases involving a wide range of mechanical and chemical products, including asbestos exposure. He has litigated product liability cases in jurisdictions throughout the United States.