|August 22, 2014|
Previously published on August 1, 2014
As a follow up to the case of Hughes v. A.W. Chesterton, 2014 N.J. Super. LEXIS 54 (App. Div. 2014), which was reported in the May issue of Legal Update for Toxic Torts, the Plaintiff has petitioned to New Jersey to consider the issue of "whether a manufacturer, which has a duty to warn of the asbestos hazards created by the foreseeable replacement of its finished products’ component parts with other asbestos-containing replacement parts ... is relieved of liability for breach of that duty when the components have been replaced by those of another unidentifiable supplier ....”
In Hughes, the New Jersey Superior Court essentially recognized the bare metal defense for equipment manufacturers in asbestos cases.
It has not yet been decided whether the Supreme Court will grant the plaintiff's request for certification of the appeal.