A New Jersey appellate court has upheld a $7 million jury award to a woman who allegedly developed mesothelioma, in part, from exposure to the asbestos on her husband’s clothing, which she purportedly shook out before laundering. Anderson v. A.J. Friedman Supply Co. No.A-5892-07T1 (N.J. Super. Ct. App. Div., decided August 20, 2010). The plaintiff also apparently alleged that she had direct exposure to asbestos from her employment with one of the defendants from 1969 to 2003. One of the issues on appeal was whether the state’s workers’ compensation law barred the action. The court rejected that argument as it related to bystander exposure and found that the plaintiff could recover in tort if she could prove that “her mesothelioma was caused from exposures while she was not employed” and her “bystander exposure was a substantial cause of her mesothelioma.” According to a news source, defendant ExxonMobil Corp. is considering whether to appeal the decision. See nj.com, August 20, 2010.
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Secondhand asbestos exposure verdict survives appeal
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Senior Patent Counsel
Royal DSM NV