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Poole & Shaffery, LLP
Issue 81 | February 2015
Disclaimer: The articles contained herein are intended for general information purposes only. Nothing contained in this document is legal advice, nor should it be relied upon as such.
Clarifying the Duty Owed to Family Members in Take-Home Asbestos Cases

A recent Court of Appeal decisions has provided further clarity to a series of decisions regarding the duty of asbestos defendants towards family members injured due to result of "take-home" asbestos exposures. In Beckering v. Shell Oil Co., Not B256407 (Calif. Ct. App. 2nd Dist., Div. 3) ("Beckering"), Appellant, Wanda Beckering, contended that she developed mesothelioma as a result of laundering her husband's asbestos-laden clothing. However, Shell Oil Company argued that they did not owe Mrs. Beckering a duty of care and that her claims should be dismissed pursuant to Campbell v. Ford Motor Co. (2012) 206 Cal.App.4th 15 ("Campbell"), which held that premises owners and employers are not liable to the family members of their workers injured due to take-home asbestos exposure.


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By: Mark A. Johnson
Metzger Diacetyl Defense Verdict Overturned on Appeal

The Metzger Law Group recently found favor with the California Court of Appeals when the Court reversed a defense verdict in a diacetyl case,Velasquez v. Centrome, Inc. (Court of Appeal of California, Second Appellate District, Division Eight; January 30, 2015, Opinion Filed; B247080.) There, Plaintiff, Wilfredo Velasquez, alleged his bronchiolitis obliterans, a rare and progressive lung disease, was the result of his exposure to significant levels of diacetyl during his employment with a food flavoring company between 2003 and 2005.



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By: Samantha J. Hughes
Featured Asbestos Verdict: Nash v. A.W. Chesterton Co., et al.

Nash, et al v. A.W Chesterton Co., et al. (N.Y. Super. Ct., Onondaga Cty. No.0000719/2012. On a December 24, 2014 verdict, a New York jury awarded $7.7 million to awidow of a school bus driver who died of mesothelioma after being exposed to asbestos in the school's garage. Plaintiffs contended decedent, Lewis Nash, worked for the Fayetteville-Manlius School District as a bus driver in the 1950s and that he developed mesothelioma as a result of exposure to asbestos that had been released into the air by work performed on the asbestos-containing bus parts in the maintenance garage where he regularly had to spend time to clock in for his routes, submit work orders, and speak with mechanics.


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By: None