STORY FROM: Asbestos
N.D. Supreme Court Affirms Award of Summary Judgment Entered in Take-Home Asbestos Exposure Suit
January 15, 2016
BISMARCK, N.D. –– The North Dakota Supreme Court has affirmed an award of summary judgment in a take-home asbestos exposure suit, finding that the plaintiff had failed to raise a genuine issue of material fact, regardless of the court’s position on whether a duty of care can be imposed in such cases.
In the Jan. 14 opinion, the state high court ruled that there was no evidence in the record that would establish that the defendant, the decedent’s father’s former employer, knew of asbestos-related dangers during the time period in question, or that a special relationship existed between the company ...