STORY FROM: Benzene & Emerging Toxic Torts Litigation

N.J. Supreme Court: Olivo Take-Home Exposure Duty of Care Can Extend Beyond a Spouse

TRENTON, N.J. –– The New Jersey Supreme Court has responded to a question regarding the scope of take-home exposure liability certified to it by the 3rd Circuit U.S. Court of Appeals, ruling that it did not intend to limit its prior duty of care decision to the spouses of employees only.

In the July 6 opinion, the state high court said that its take-home asbestos exposure opinion in Olivo does not state, explicitly or implicitly, that a duty of care for take-home toxic-tort liability cannot extend beyond a spouse.

The court cautioned against adopting a bright-line rule as to the ...

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