Kennecott Utah Copper, LLC v. Phillips 66 Co.

In this case alleging that Larry Boynton's wife, Barbara, was exposed to asbestos dust from several job sites that Larry worked at during the 1960s and 1970s, the Supreme Court reversed the order of the district court granting summary judgment to the job site operators, holding that premises operators owe a duty of care to a worker's cohabitants with respect to take-home exposure to asbestos.

During his marriage to Barbara, Larry worked at numerous job sites where he was exposed to asbestos. In 2016, Barbara was diagnosed with Malignant mesothelioma and died from it that year. Larry sued the job site operators for indirectly exposing Barbara to asbestos dust. The district court granted summary judgment in favor of two of the operators, concluding that they had no duty to prevent "take-home exposure" to asbestos dust. The Supreme Court reversed, holding (1) premises owners are liable to their employees' co-habitants for take-home asbestos exposure; and (2) a genuine issue of material fact existed as to whether one of the premises operators retained control over its contractor.