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Tag: duty to warn

July 17, 2017

Minnesota Supreme Court abandons limits on tort liability

Last week, in Montemayor v. Sebright Products, Inc., a 4-3 majority of the Minnesota Supreme Court held that any "close" tort case must go to a jury. This case involves a tragic accident that led to the serious bodily injury of Nereus Montemeyer as a result of his employer's misuse of an industrial extruder and ...

September 01, 2016

Manufacturers need not design accident-proof machines or warn against obvious dangers

A Minnesota hog farming operation, VZ Hogs LLP, uses an extruder manufactured by Sebright Products, Inc., to separate liquids from solid mass. When the extruder jammed, several workers tried to unjam it. The employer never trained them how to unjam the machine. Nereus Montemayor climbed into the machine while it was still connected to its ...

July 01, 2016

New York high court expands the duty to warn

Ronald Dummitt worked aboard Navy ships in the boiler rooms for two decades, during which time he was exposed to asbestos dust during the maintenance of valves and gaskets, some of which were insulated with asbestos-containing materials. Crane Co. manufactured some of the valves on which Dummit worked, none of which containing any asbestos whatsoev ...

June 23, 2016

California Supreme Court’s narrow ruling on the component parts doctrine

Flavio Ramos worked as a mold maker, machine operator, and laborer for Supreme Casting & Pattern, Inc., which manufactured metal parts through "a foundry and fabrication process," from 1972 to 2009. During this time, the industrial processing of raw materials created fumes from molten metal and dust from the plaster, sand, limestone, and marble ...

May 23, 2016

California adopts sophisticated intermediary doctrine

Special Electric Co. brokered the sale of raw asbestos from a mine in South Africa to Johns-Manville, which incorporated it into Transite pipe sold to Familian, a pipe supply company, that sold it to Pyramid Pipe & Supply, William Webb's employer. As a broker, Special Electric never had possession of the raw asbestos. Webb worked ...

December 12, 2014

Bare metal cannot cause asbestos-related diseases

Ronald Dummitt worked aboard Navy ships in the boiler rooms for two decades, during which time he was exposed to asbestos dust during the maintenance of valves and gaskets,  some of which were insulated with asbestos-containing materials.  Crane Co. manufactured some of the valves on which Dummit worked, none of which containing any asbestos what ...

April 25, 2014

Drawing a line

Tort law allows injured people to sue the person or company that caused the injury.  The question of who "caused" the injury, however, has filled volumes of legal reports.  In the context of asbestos litigation, where the companies that manufactured asbestos-containing products long ago went bankrupt, plaintiffs suffering from asbestos-related di ...

August 08, 2013

Maryland acknowledges practical limits on the duty to warn

Maryland’s highest court has rejected an asbestos “duty to warn” lawsuit brought by the granddaughter of a worker who, for several months in the late 1960s, worked near another worker who used products containing asbestos.  In this case, plaintiff Jocelyn Farrar was the granddaughter of John Hentgen, who worked in the constructio ...