Cases involving injuries due to asbestos inhalation have been in the news a lot lately, as individuals exposed to the material over a long period of time have begun to show symptoms. In one such case, the plaintiff alleged that his father was exposed to asbestos from the defendants’ products during the time when he repaired brakes and clutches for his employer. The plaintiff also alleged that he was secondarily exposed to asbestos when he visited the father at work, doing things such as sweeping piles of dust from the repairs, and also when the father would return home with dust on his clothing, which was washed with the family clothing.
The plaintiff was secondarily (para-occupationally) exposed to the same asbestos when he visited the father at work and when the father inadvertently carried asbestos to the family home or vehicle after work. As a result of this asbestos exposure, the plaintiff suffered from or had an increased risk of contracting serious injuries, including mesothelioma. He brought causes of action for negligence, breach of implied warranty, strict products liability based on design and manufacturing defects, fraud and failure to warn, and conspiracy to defraud and failure to warn. The defendants filed separate motions for summary judgment, each arguing that the plaintiff did not have and could not obtain evidence to prove his claims.