Brown v. Arch Wood Prot., Inc., 2017 U.S. Dist. LEXIS 157101 (E.D. Ky. Sept. 26, 2017)
Won summary judgment for a wood preservative manufacturer based upon lack of product identification evidence. Plaintiff lineman alleged injury from exposure to treated utility poles. He named six defendants – three preservative manufacturers and three wood treaters. Federal district court granted summary judgment based upon lack of direct product identification evidence and lack of evidence supporting the concert of action theory of product identification.