New Jersey Supreme Court Holds that Exxon Owed Duty of Care to Wife of Former Employee
Anthony Olivo, Executor of the Estate of Eleanor Olivo v. Owens-Illinois, Inc.,et al., Docket No.: a-23-05, Decided: April 24, 2006
In a unanimous ruling, the New Jersey Supreme Court recently held that a retired steamfitter who maintains that his asbestos-contaminated work clothes caused his wife's death can sue Exxon Mobil, owner of a refinery where he worked. The oil company should have known Eleanor Olivo was in danger from washing her husband's work clothes, the court said in its unanimous ruling.
The company argued that it should not be held responsible for Eleanor Olivo's death because she had never been on company property and her husband was not an Exxon Mobile employee. The unanimous court disagreed, finding that "Exxon Mobil owed a duty to spouses handling the workers' unprotected work clothing based on the foreseeable risk of exposure from asbestos borne home on contaminated clothing."
Anthony Olivo worked as a steamfitter and welder from 1947 until he retired in 1984. The Woodbury resident worked for several contractors at various sites in New Jersey, among them Exxon Mobil's refinery in Paulsboro. During the course of his carrer, Olivo worked around asbestos-containing materials, including pipe coverings and gaskets. As part of their daily routine, when Anthony came home from work each night, he would go to the basement where the washing machine was located and change into clean clothing. Eleanor laundered Anthony’s work clothes during the evening of every workday. In 1989, Anthony was diagnosed with non-malignant asbestos-related disease. Eleanor was diagnosed with mesothelioma in 2000 and died shortly thereafter in 2001.
The case represents a significant step by the New Jersey Supreme Court to protect the victims of asbestos related illnesses.
posted by David Mazie @ 8:03 PM
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