California Court of Appeal

In an action to recover damages against defendant for mesothelioma plaintiff contracted, allegedly due in part to his exposure, while present in his uncle's home, to friable asbestos that his uncle brought home from work at defendant's plant on his clothing, the trial court's grant of nonsuit to defendant is reversed and remanded, where: 1) the duty of care undoubtedly does not extend to every person who comes into contact with an employer's workers, but the duty runs at least to members of an employee's household who are likely to be affected by toxic materials brought home on the worker's clothing; 2) plaintiff was a frequent visitor at his uncle's home, spending several nights a week in the home; 3) after consideration of the factors specified in Rowland v. Christian (1968) 69 Cal.2d 108, the likelihood of causing harm to a person with such recurring and non-incidental contact with the employer's employee, in this case plaintiff's uncle, is sufficient to bring plaintiff within the scope of those to whom the employer, in this case defendant, owes the duty to take reasonable measures to avoid causing harm.

Appellate Information

• Decided 05/15/2014
• Published 05/15/2014

Judges

• POLLAK

Court

• California Court of Appeal

Counsel