Saturday, August 28, 2010

IL Asbestos Duty Case

In Simpkins v. CSX Corp., 929 N.E.2d 1257 (Ill. App. June 10, 2010), the court overturned the dismissal of a case brought by the estate of the wife of a worker who allegedly brought home asbestos on his clothes and body, causing the wife to be exposed.  The wife contracted mesothelioma and her estate sued the worker's employer.  The court discussed general duty principles, stressing foreseeability.  It followed decisions from Tennessee and New Jersey, but did not discuss opposing cases from elsewhere.

Thanks to Mark Weber for the tip.

--CJR

http://lawprofessors.typepad.com/tortsprof/2010/08/il-asbestos-duty-case.html

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