Quiroz v. Alcoa Inc.

416 P.3d 824 (2018)

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Nature of the Case

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Facts

P died in October 2014 from mesothelioma, a form of cancer associated with exposure to asbestos. Ps, the family, sued D. Ps allege that when P's father was working at D’s plant from 1948 until 1983, his clothes were contaminated with asbestos fibers. Ps claim that when the Father came home from work, P, who lived with Father as a minor from 1952 to 1970, was exposed to those asbestos fibers. Ps contend this exposure eventually caused P’s mesothelioma. Ps claim that Ds had a duty to protect P from exposure to take-home asbestos. They alleged that Ds breached this duty by failing to warn Father about the dangers of secondary asbestos exposure. Ps also allege that Ds failed to provide safety equipment to Father and failed to take necessary safety measures to protect P from such exposure. Ds filed a motion for summary judgment, claiming it owed no duty to P. The superior court granted the motion, and the court of appeals affirmed.