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Third-Party Asbestos Decisions: The Impact of Relationships And Public Policy Concerns

By Karen R. Harned and Daniel Bosch

A recent decision by the Michigan Supreme Court has provided more clarity about how a state court is likely to rule in asbestos cases alleging third-party liability. States appear to be looking more to the nature of the relationship between the plaintiff and the defendant. It is also becoming increasingly apparent that state courts are likely to see a spate of third-party asbestos liability cases.

In July, the Michigan Supreme Court found that Ford Motor Company owed no duty to the plaintiff ' a woman who allegedly contracted mesothelioma by washing her stepfather's clothes in the late 1950s and early 60s. In the process, the court further demonstrated that a state's reliance on relationship as opposed to foreseeability is a major determinant for whether a premises owner owes a duty to a third party. The court also cited the nation's growing litigation 'crisis,' which the U.S. Supreme Court has termed the alarming increase in asbestos-related cases, as a basis for its decision.

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