California Court of Appeal

In a premises liability action alleging that the plaintiff had been diagnosed with mesothelioma as a result of her exposure to asbestos from laundering her father's and brother's asbestos-covered clothing during the time they worked with asbestos as independent contractors hired by the defendant to install asbestos insulation at the defendant's plant, a judgment finding the defendant liable for 5% of the damages is reversed, where: 1) the applicable statute of repose did not bar the claims; but 2) an employer has no duty to protect family members of employees from secondary exposure to asbestos used during the course of the employer's business, so the defendant owed no duty to the plaintiff.

Appellate Information

• Decided 05/21/2012
• Published 05/21/2012

Judges

• Woods

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Nixon Peabody, Waters, Kraus & Paul