Court Certifies Question of Whether Defendant Has Duty in Take-Home Exposure Case

ATLANTA - A federal appeals court has asked a state Supreme Court to determine whether a defendant owes a duty to third parties, such as family members, who claim they were injured as a result of exposure to asbestos emitted from employees' clothing. Williams, et al. v. Owens-Corning Fiberglas Corporation, et al., No. 03-14038 (11th Cir.).

The Eleventh Circuit U.S. Court of Appeals certified the question to the Georgia Supreme Court on May 13, after defendant CSX Transportation Inc. appealed a district court decision denying partial summary judgment for a negligence claim brought against the company by a family members …