Company Not Liable in Secondhand Asbestos Disease Case

An Illinois state appellate court has upheld a former county court ruling that limits the number of people who can levy asbestos-related claims against an Illinois company. The company, Aurora Equipment Company, is at the center of the controversial ruling. The Appellate Court has ruled that Aurora Equipment Company cannot be held liable for the deaths of people who did not actually come to the business.

The suit originated after the family of Eva Nelson sued for damages after Eva passed away from mesothelioma in 2004. Eva Nelson never worked for Aurora, but her son and husband were both employed by the company for over a decade. During the course of their work, the men painted, packaged and sold steel manufactured items. The suits alleged that the men both came into regular contact with asbestos dust while at work. The suit goes on to state that Eva contracted mesothelioma after being exposed to asbestos fibers while doing laundry. The asbestos fibers were transferred to Eva’s home from the Aurora Company site.

The attorneys for the plaintiffs argue that Aurora Equipment created an unreasonable risk of harm to their employees and those who came into contact with their employees. They further argued that it was Aurora’s responsibility to prevent off-site injuries.

The court found that while Eva’s mesothelioma could be linked to the asbestos from Aurora, to find that the company had a duty to prevent off-site injuries could create an unlimited pool of plaintiffs. The court referenced a prior Supreme Court ruling that states that the victim had to be on the property of the business or have a relationship with the company.