Boynton v. Kennecott Utah Copper, LLC

500 P.3d 847 (2021)

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Nature of the Case

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Facts

Barbara and P married in September 1962. P worked at numerous job sites where he was exposed to asbestos. P alleges that the 'cutting, chipping, mixing, sanding, sawing, scraping and sweeping . . . by [him] and . . . around [him] [of] asbestos-containing products exposed him to great quantities of asbestos.' From 1961 to 1964, P worked as a laborer for D at D's smelter. His duties included cleaning up discarded pipe insulation that may have contained asbestos. Beginning in 1963, P worked as an electrician for Wasatch Electric (an independent contractor). He continued to work at D's smelter, albeit as an employee for Wasatch Electric, for another two years. During that time, D's employees scraped, sawed, and swept asbestos insulation and mixed asbestos cement. This released asbestos dust into the air. All these activities caused asbestos dust to settle on P's clothes, dust that Barbara is alleged to have inhaled. D never warned P about the dangers of asbestos and never provided laundry services that would have allowed him to change his clothes before returning home. The same pattern held true for other employers. P alleges that Conoco, PacifiCorp, and Jelco-Jacobsen exposed him to asbestos that he carried home to Barbara, eventually causing her mesothelioma and premature death. P sued Ds for strict premises liability and negligence. Ds moved for summary judgment, arguing they did not owe a duty of care to Barbara. The district court granted PacifiCorp and Conoco's motions, determining that PacifiCorp and Conoco did not engage in any misfeasance that would have created a duty to Barbara. Moreover, the district court determined that PacifiCorp and Conoco did not interfere with the work of their general contractors. This appeal resulted.