• California Supreme Court Validates Secondary Exposure Claims over Strong Opposition from Defense Groups
  • January 18, 2017 | Author: Joshua A. Quinones
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • According to a pair of recent rulings by the California Supreme Court, both employers and premises owners can be held liable for exposing members of a worker's household to asbestos. The Court issued its unanimous ruling last week, deciding that companies have a responsibility to prevent such exposure when they can reasonably foresee that their employees will carry asbestos on their bodies or clothing to their households where others can be exposed. Both the Kesner v. Pneumo Abex, Inc. and the Haver v. BNSF Railway Company cases were remanded to the trial court for further proceedings. This ruling is important in that there are likely scores of such cases that are either awaiting filing or have recently been dismissed via motion based on the appellate decision Campbell v. Ford Motor Co. (2012) 206 Cal.App.4th 15, which had been used to defeat such allegations for the past few years. By this ruling, the Campbell decision was specifically “disapproved” to the extent it is inconsistent with this decision.