Satterfield v. Breeding Insulation Company

266 S.W.3d 347 (2008)

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Nature of the Case

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Facts

Alcoa uses materials containing asbestos in many of its manufacturing operations. Since the 1930s, Alcoa has been aware that asbestos is a highly dangerous substance, and it has closely monitored the research into the dangers posed by asbestos. Alcoa became aware in the 1960s that the dangers posed by asbestos fibers extended beyond its employees who were in constant direct contact with the materials containing asbestos or the asbestos fibers in the air. Even intermittent exposure to low levels of asbestos fibers resulted in an increased risk of disease. Alcoa also learned that persons living near facilities that made extensive use of materials containing asbestos were experiencing higher disease rates, as were the family members of its employees who were being exposed regularly and repeatedly to the asbestos fibers on the employees' work clothes. OSHA promulgated regulations prohibiting employees who had been exposed to asbestos from taking their work clothes home to be laundered. In 1973-1975 and 1978-1984, Doug Satterfield worked at Alcoa. He was in daily contact with asbestos dust and fibers. Alcoa provided no education about the risks it knew about asbestos. Alcoa failed to provide protective coveralls for its employees, discouraged the use of its on-site bathhouse facilities, and did not offer to launder its employees' work clothes at its facility. Doug left the plant each day contaminated with fibers. Amanda Nicole Satterfield (P) was born premature and spent the first three months of her life at the University of Tennessee Hospital. Doug visited his infant daughter every day she was hospitalized. He came to the hospital immediately after work wearing his asbestos-contaminated work clothes and stayed with his daughter until late into the evening. P was exposed to the asbestos fibers on her father's work clothes. P was diagnosed with mesothelioma. P sued D and Alco for negligence. She died, and Doug stepped into her shoes as plaintiff. Alcoa asserted that as a matter of law, it owed no legal duty to Amanda. The court dismissed P's complaint because there was no provision in Tennessee law that imposed on Alcoa a legal duty to a third party under the facts and circumstances of the case. P appealed. The Court of Appeals reversed. D appealed.