A woman's “bystander exposure” to asbestos from washing her husband's work clothes for more than three decades substantially contributed to her mesothelioma, according to a New Jersey appellate court that ruled in upholding a $7.5 million jury award.
According to BusinessInsurance.com, the ruling in Bonnie Anderson vs. A.J. Friedman Supply Co. Inc. backed up a jury award of $7 million for Anderson and $500,000 for her husband, plus prejudgment interest.
The couple proceeded with product liability litigation naming several defendants who manufactured and supplied asbestos, but they went to trial only against Exxon Mobil Corp. after claims against the manufacturers were dismissed.
The plaintiffs alleged that Anderson contracted mesothelioma from one or a pair of sources of asbestos exposures: her own 12-year employment working at an Exxon refinery and from laundering her husband's asbestos-laden work clothes during his employment with Exxon from 1969 to 2003, according to court records.
Among other defenses, Exxon argued that Anderson's claim was barred by the exclusive remedy provisions in New Jersey's workers compensation law.
However, the appellate division of the Superior Court of New Jersey agreed with a trial court report that a “dual persona doctrine” is in effect when an employer undertakes “a completely separate and independent role with respect to the employee,” as was the case with Ms. Anderson's non-occupational asbestos exposure.
In 2001, Anderson began having severe stomach pains and swelling. After a CT scan showed fluid in her abdomen, she had exploratory abdominal surgery. During the laparotomy, the surgeon removed six quarts of fluid, saw "multiple tumor implants," which he described "as a carpet-like implant on the pelvic peritoneum and other implants on the bowel [and] in the omentum." The surgeon diagnosed her with malignant peritoneal mesothelioma.
To see more on this case, visit: http://www.judiciary.state.nj.us/opinions/a5892-07.pdf
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
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