Does an employer have a duty to
protect spouse of employee from
exposure to asbestos?
7/8/2010
Simpkins v. CSX Corp., No 5-07-0346, raises the novel issue of whether
an employer owes a duty to the spouse of an employee who contracted
mesothelioma as a result of her exposure to her husband’s work clothes. This was
an issue of rst impression for the Fifth District of the Appellate Court of Illinois.
The complaint in Simpkins included allegations that, from 1958-1964, Annette
Simpkins was exposed to asbestos that her husband brought home on his work
clothes. They divorced in 1964, at which point the asbestos exposure ceased.
Unfortunately, she died of mesothelioma cancer while the lawsuit was pending
and her daughter was appointed Special Administrator of her estate and
substituted in her place as the plainti.
In reaching its decision as to whether a duty to the plainti existed, the court
noted that in Illinois, a duty exists if there is a relationship between the parties
that would impose upon the defendant an obligation to act reasonably to the
benet of the plainti. The court then set forth the four factors to be considered
in determining whether a duty exists:
Whether a relationship exists between the parties that will justify the imposition
of a duty depends upon four factors: (1) the foreseeability of the harm, (2) the
likelihood of the injury, (3) the magnitude of the burden involved in guarding
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