Arizona Supreme Court Rules Employer Owed No Duty to Family Member Alleging Take-Home Toxic Exposure
Quiroz v. Alcoa, Inc.
PHOENIX, May 11, 2018 – The Arizona Supreme Court affirmed lower court judgments in favor of Alcoa in a case involving “take-home” exposure to asbestos. The plaintiff’s decedent was the son of a former Reynolds Metal Company employee. His father was allegedly exposed to asbestos at work and brought asbestos fibers home on his clothing. The decedent contracted mesothelioma and sued Reynolds and Alcoa alleging they were negligent in failing to prevent the father from bringing asbestos fibers home on his clothing. The Arizona Supreme Court held that the defendants did not owe a duty to prevent take-home exposure. HPTY's appellate chair Robert Gilbreath briefed the case and Edward Slaughter, chair of the toxic tort and environmental group, argued before the court on behalf of the defendants/appellees.