Terrence McCann
Encyclopedia
Terrence John McCann (March 23, 1934 – June 7, 2006), commonly known as Terry McCann, was an American
wrestler
who won the Gold Medal
in the bantamweight division of freestyle wrestling
at the 1960 Summer Olympics
in Rome
, and later helped found the United States Wrestling Federation (now called USA Wrestling). He was born in Chicago, Illinois.
He was also the retired Executive Director
of Toastmasters International
, having served in that position for 26 years.
He died in Dana Point, California
at age 72 from Pleural Mesothelioma, a rare asbestos-linked
cancer
. He was survived by his wife of 52 years, Lucille, as well as seven children, eighteen grandchildren (notably Terrence John McCann III), two great-grandchildren, and three siblings.
where he only lost three matches in three years while winning three Big Ten
and two NCAA titles. He then went on to represent the United States
in the 1960 Summer Olympics
where he won a gold medal. McCann was inducted, as a Distinguished Member, into the National Wrestling Hall of Fame and Museum
(USA) in 1977.
of Toastmasters International
(TI) in March 1975, having accepted the position in February. He was TI's fourth and longest serving Executive Director.
A decade earlier he had already discovered the benefits of the TI program, when he joined the Oil Capital Toastmasters club in Tulsa, Oklahoma
, upon the suggestion of Bill Borders, a friend and former national wrestling champion.
on a variety of product liability
theories. Among the defendants he named were Georgia-Pacific
, Viacom
, Crane Co.
, Philips
, Sunoco
, Crown Cork and Seal
, Owens-Illinois
, John Crane Inc.
, and Ingersoll Rand
.
McCann sued one company, Foster Wheeler, solely because it had manufactured a boiler installed at an Oklahoma oil refinery where he had been present in 1957 for a couple of weeks while working as an engineering sales trainee for the general contractor building the refinery. It was undisputed that Foster Wheeler's boiler did not come with any insulation, but McCann's lawyers argued that Foster Wheeler should be held liable anyway for the refinery's decision to put asbestos-containing insulation on the boiler:
Foster Wheeler obtained summary judgment
against McCann by arguing that California's "borrowing statute," Code of Civil Procedure Section 361, required the superior court to apply Oklahoma's 10-year statute of repose
for improvements to real property. On February 18, 2010, the Supreme Court of California
unanimously ruled, after a lengthy conflict of laws
analysis, that California can apply another state's statute of repose against a California resident, like McCann, where all the defendant's tortious conduct occurred only in the other state. In an opinion signed by Chief Justice Ronald M. George
, the Court held:
The Court remanded to the Court of Appeal to allow McCann's estate to further litigate its other remaining attack against Foster Wheeler: whether the boiler was actually an improvement to real property within the meaning of the Oklahoma statute of repose. Obviously, if the boiler was not such an improvement, the statute of repose would not apply to cut off McCann's claims. The Court of Appeal eventually did rule for Foster Wheeler and against McCann on that issue, in an unpublished decision released on November 30, 2010. McCann's estate petitioned for review of that decision. The state supreme court denied review on February 16, 2011, thus bringing McCann's lawsuit to an end after over five years of litigation.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
wrestler
Amateur wrestling
Amateur wrestling is the most widespread form of sport wrestling. There are two international wrestling styles performed in the Olympic Games under the supervision of FILA : Greco-Roman and freestyle. Freestyle is possibly derived from the English Lancashire style...
who won the Gold Medal
Gold Medal
Gold Medal is the sixth studio album by the American hard rock band The Donnas, released in 2004 on Atlantic Records. It was one of the first albums released in the DualDisc format, but was recalled due to a mastering error which resulted in the final track being partially omitted from the CD...
in the bantamweight division of freestyle wrestling
Freestyle wrestling
Freestyle wrestling is a style of amateur wrestling that is practised throughout the world. Along with Greco-Roman, it is one of the two styles of wrestling contested in the Olympic games. It is, along with track and field, one of the oldest organized sports in history...
at the 1960 Summer Olympics
1960 Summer Olympics
The 1960 Summer Olympics, officially known as the Games of the XVII Olympiad, was an international multi-sport event held from August 25 to September 11, 1960 in Rome, Italy...
in Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
, and later helped found the United States Wrestling Federation (now called USA Wrestling). He was born in Chicago, Illinois.
He was also the retired Executive Director
Executive director
Executive director is a term sometimes applied to the chief executive officer or managing director of an organization, company, or corporation. It is widely used in North American non-profit organizations, though in recent decades many U.S. nonprofits have adopted the title "President/CEO"...
of Toastmasters International
Toastmasters International
Toastmasters International is a nonprofit educational organization that operates clubs worldwide for the purpose of helping members improve their communication, public speaking and leadership skills...
, having served in that position for 26 years.
He died in Dana Point, California
Dana Point, California
-Climate:Dana Point enjoys a mild climate where temperatures tend to average around the 60's. The warmest month of the year is August with an average temperature of 79 degrees Fahrenheit. The coldest month is December with an average minimum temperature of 44 degrees Fahrenheit.-2010:The 2010...
at age 72 from Pleural Mesothelioma, a rare asbestos-linked
Asbestos
Asbestos is a set of six naturally occurring silicate minerals used commercially for their desirable physical properties. They all have in common their eponymous, asbestiform habit: long, thin fibrous crystals...
cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
. He was survived by his wife of 52 years, Lucille, as well as seven children, eighteen grandchildren (notably Terrence John McCann III), two great-grandchildren, and three siblings.
Wrestling
McCann began wrestling in a city-sponsored park recreation program when he was 11. McCann wrestled collegiately for the Iowa HawkeyesIowa Hawkeyes wrestling
The University of Iowa wrestling program is one of the most successful athletic programs in NCAA Division I. The University of Iowa Hawkeyes are a member of the Big Ten Athletic Conference. Iowa is second in NCAA history with 23 national championships, all of which have come since 1975...
where he only lost three matches in three years while winning three Big Ten
Big Ten Conference
The Big Ten Conference is the United States' oldest Division I college athletic conference. Its twelve member institutions are located primarily in the Midwestern United States, stretching from Nebraska in the west to Pennsylvania in the east...
and two NCAA titles. He then went on to represent the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in the 1960 Summer Olympics
1960 Summer Olympics
The 1960 Summer Olympics, officially known as the Games of the XVII Olympiad, was an international multi-sport event held from August 25 to September 11, 1960 in Rome, Italy...
where he won a gold medal. McCann was inducted, as a Distinguished Member, into the National Wrestling Hall of Fame and Museum
National Wrestling Hall of Fame and Museum
The National Wrestling Hall of Fame and Museum is located in Stillwater, Oklahoma, on the campus of Oklahoma State University. The museum opened on September 11, 1976...
(USA) in 1977.
Toastmasters International
McCann was appointed as the Executive DirectorExecutive director
Executive director is a term sometimes applied to the chief executive officer or managing director of an organization, company, or corporation. It is widely used in North American non-profit organizations, though in recent decades many U.S. nonprofits have adopted the title "President/CEO"...
of Toastmasters International
Toastmasters International
Toastmasters International is a nonprofit educational organization that operates clubs worldwide for the purpose of helping members improve their communication, public speaking and leadership skills...
(TI) in March 1975, having accepted the position in February. He was TI's fourth and longest serving Executive Director.
A decade earlier he had already discovered the benefits of the TI program, when he joined the Oil Capital Toastmasters club in Tulsa, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, upon the suggestion of Bill Borders, a friend and former national wrestling champion.
Hobbies
McCann enjoyed physical sports such as bicycling, surfing and weightlifting, despite having endured nine knee operations and a shoulder operation.Litigation
In August 2005, McCann sued a large number of companies in the Superior Court of Los Angeles CountySuperior Court of Los Angeles County
The Superior Court of Los Angeles County is the Superior Court located in Los Angeles County. It is the largest single unified trial court in the United States....
on a variety of product liability
Product liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
theories. Among the defendants he named were Georgia-Pacific
Georgia-Pacific
Georgia-Pacific LLC is an American pulp and paper company based in Atlanta, Georgia, and is one of the world's leading manufacturers and distributors of tissue, pulp, paper, packaging, building products and related chemicals. As of Fall 2010, the company employed more than 40,000 people at more...
, Viacom
Viacom
Viacom Inc. , short for "Video & Audio Communications", is an American media conglomerate with interests primarily in, but not limited to, cinema and cable television...
, Crane Co.
Crane Co.
The Crane Company is an American industrial products company based in Stamford, Connecticut. Founded by Richard Teller Crane, the company is best known to the consumer public as a large manufacturer of vending machines. Their famous National brand includes glassfront vending machines and cold...
, Philips
Philips
Koninklijke Philips Electronics N.V. , more commonly known as Philips, is a multinational Dutch electronics company....
, Sunoco
Sunoco
Sunoco Inc. is an American petroleum and petrochemical manufacturer headquartered in Philadelphia, Pennsylvania, United States, formerly known as Sun Company Inc. and Sun Oil Co. ....
, Crown Cork and Seal
Crown Holdings
Crown Holdings Incorporated , formerly Crown Cork & Seal Company, is an American company producing packaging. Founded in 1892, it is currently headquartered in Philadelphia, Pennsylvania. From a modest beginning in 1892, the company had emerged as the world’s leading packaging company, and as of...
, Owens-Illinois
Owens-Illinois
Owens-Illinois Inc. is a Fortune 500 company that specializes in container glass products. It is one of the world's leading manufacturers of packaging products, holding the position of largest manufacturer of glass containers in North America, South America, Asia-Pacific and Europe...
, John Crane Inc.
John Crane Inc.
John Crane Inc. is a subsidiary of Smiths Group, which is a British company listed on the London Stock Exchange.John Crane designs and manufactures mechanical seals , sealing support systems, gland packing, asset management systems, power transmission couplings, bearings and bearing isolators for...
, and Ingersoll Rand
Ingersoll Rand
Ingersoll-Rand plc is a $13 billion global diversified industrial company founded in 1871. The Ingersoll Rand name came into use in 1905 through the combination of Ingersoll-Sergeant Drill Company and Rand Drill Company...
.
McCann sued one company, Foster Wheeler, solely because it had manufactured a boiler installed at an Oklahoma oil refinery where he had been present in 1957 for a couple of weeks while working as an engineering sales trainee for the general contractor building the refinery. It was undisputed that Foster Wheeler's boiler did not come with any insulation, but McCann's lawyers argued that Foster Wheeler should be held liable anyway for the refinery's decision to put asbestos-containing insulation on the boiler:
Foster Wheeler obtained summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....
against McCann by arguing that California's "borrowing statute," Code of Civil Procedure Section 361, required the superior court to apply Oklahoma's 10-year statute of repose
Statute of repose
A statute of repose , like a statute of limitation, is a statute that cuts off certain legal rights if they are not acted on by a certain deadline.-Statutes of repose and statutes of limitation:...
for improvements to real property. On February 18, 2010, the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
unanimously ruled, after a lengthy conflict of laws
Conflict of laws in the United States
The choice of law rules in the conflict of laws in the United States have diverged from the traditional rules applied internationally. Choice of law is a procedural stage in the litigation of a case when it is necessary to reconcile the differences between the laws of different states, and in the...
analysis, that California can apply another state's statute of repose against a California resident, like McCann, where all the defendant's tortious conduct occurred only in the other state. In an opinion signed by Chief Justice Ronald M. George
Ronald M. George
Ronald Marc George is the retired 27th Chief Justice of California, where he headed the Supreme Court of California and the Judicial Council of California...
, the Court held:
The Court remanded to the Court of Appeal to allow McCann's estate to further litigate its other remaining attack against Foster Wheeler: whether the boiler was actually an improvement to real property within the meaning of the Oklahoma statute of repose. Obviously, if the boiler was not such an improvement, the statute of repose would not apply to cut off McCann's claims. The Court of Appeal eventually did rule for Foster Wheeler and against McCann on that issue, in an unpublished decision released on November 30, 2010. McCann's estate petitioned for review of that decision. The state supreme court denied review on February 16, 2011, thus bringing McCann's lawsuit to an end after over five years of litigation.
External links
- Obituary (not available as of 17 July 2006)
- USA The Olympian Obituary - starts p21