- Premises Owners Not Liable for "Take Home Exposures" Under PA Law
- October 31, 2014 | Author: Timothy D. Rau
- Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Philadelphia Office
In what was ruled to be an issue of first impression under Pennsylvania law, Judge Eduardo Robreno of the U.S. District Court for the Eastern District of Pennsylvania held that a premises owner has no duty to an employee's spouse to protect the spouse from exposure to asbestos in the context of "take-home exposure" cases.
In Marilyn Gillen v. The Boeing Co., et al., 2:13-cv-03118, plaintiff alleged that she developed mesothelioma, in part, as a result of exposure to asbestos from her husband's work clothes while he was employed by Boeing. Boeing moved to dismiss the portions of plaintiff's claims related to her take-home exposure on the basis that she was owed no legal duty under Pennsylvania law.
Recognizing that plaintiff's take-home claims were based in negligence and that there was no precedent under PA law, Judge Robreno considered a number of factors including: (1) the relationship of the parties; (2) the social utility of the actor's conduct; (3) the nature of the risk imposed and forseeability of the harm incurred; (4) the consequences of imposing a duty on the actor; and (5) the public interest in the proposed solution.
Judge Robreno held that Boeing owed no duty to Mrs. Gillen for her claim for "take-home exposure" to asbestos and granted Boeing's motion to dismiss. The case was permitted to proceed on other asserted claims and is currently being litigated.