Court Allows Secondhand Exposure Claims against Landowner Defendant

KNOXVILLE, Tenn. -- Asbestos secondhand exposure claims have been reinstated against a landowner defendant by the Tennessee Court of Appeals, which opined that the landowner should have foreseen the dangers presented by take-home exposure. Satterfield, et al. v. Breeding Insulation Co., et al., No. E2006-00903-COA-R3-CV (Tenn. Ct. App.).

The April 19 opinion is a departure from recent decisions on the same issue by New York and Georgia courts, but the appellate court noted that the laws in those states weigh duty before foreseeability. Holdampf v. ACandS, et al. (840 N.E.2d 115, 2005); CSX Transp., Inc. v. Williams (608 S.E.2d 208 …