Certainteed Corporationv.Fletcher
Marcella Fletcher developed malignant pleural mesothelioma after years of laundering her father’s work clothing, which was allegedly covered with asbestos dust. She sued CertainTeed, the manufacturer of asbestos-containing water pipes used by her father, alleging negligent design and failure to warn. The trial court granted CertainTeed summary judgment before discovery was complete, and the Court of Appeals reversed. The Supreme Court of Georgia held that the Court of Appeals correctly reinstated Fletcher’s defective-design claim because the risk-utility analysis left a factual question for a jury. The Supreme Court disagreed, however, that CertainTeed owed Fletcher a duty to warn about asbestos dust from its products. Fletcher was not the product user or an employee exposed to the product in the workplace, and the recognized duty did not extend to her alleged secondary exposure on the facts presented. The Court therefore affirmed the judgment in part and reversed it in part, leaving the design claim for further proceedings while eliminating the failure-to-warn theory. A Justice concurred specially in the judgment on one division.
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