Friable Thoughts

Monday, May 09, 2005

Be Nice to the Wives

Wives (spouses to be P.C.) have won favorable decisions recently in asbestos litigation. In New Jersey, an appellate court has held that a wife's paraoccupational exposure to asbestos fibers on her husband's clothing is reasonably foreseeable in a negligence (specifically premises liability) cause of action. Additionally, a Maryland court has held that the statutory damage cap does not apply to loss of consortium claims where the exposed spouse's last exposure to asbestos occurred before the effective date of the statute even if they got married after that date.

It's probably easier to look a blue collar tradesman in the eye and wonder if he knew of he health hazards of asbestos or quibble if he smoked to boot. However, doing the same to a spouse who washed clothes or hugged and kissed the tradesman is a whole other story.

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