Quiroz v. Alcoa Inc.Annotate this Case
An employer who used asbestos materials in its workplace before 1970 has no duty to protect the public from so-called secondary asbestos exposure, which is off-site contact with employees who may have been carrying asbestos fibers on their work clothes.
Plaintiff sued Reynolds Metal Company and others, alleging that the defendants negligently caused Ernest Quiroz’s death. Specifically, Plaintiffs alleged that when Quiroz’s father was working at Reynolds’ plant, his clothes were contaminated with asbestos fibers and that Quiroz was exposed to the asbestos fibers, eventually causing Quiroz’s mesothelioma. The superior court granted summary judgment for Reynolds. The Supreme Court affirmed, holding (1) Reynolds did not owe a duty to protect the decedent from exposure to take-home asbestos where no special relationship existed between Reynolds and the decedent, and no duty existed based on public policy; and (2) this Court rejects the duty framework contained in the Restatement (Third) of Torts: Liability for Physical and Emotional Harm, and therefore, no duty existed on that basis.