Doug Satterfield v. Breeding Insulation Company, et al.

Doug Satterfield v. Breeding Insulation Company, et al.

This appeal involves the efforts of the estate of a twenty-five-year-old woman who contracted mesothelioma to recover damages for her death. While she was alive, the woman filed a negligence action against her father’s employer, alleging that the employer had negligently permitted her father to wear his asbestos-contaminated work clothes home from work, thereby regularly and repeatedly exposing her to asbestos fibers over an extended period of time. After the woman died, the Circuit Court for Blount County permitted her father to be substituted as the personal representative of her estate. The employer moved for a judgment on the pleadings on the narrow ground that it owed no duty to its employee’s daughter. The trial court granted the motion. The deceased woman’s father appealed the dismissal of his daughter’s wrongful death claim. The Tennessee Court of Appeals reversed the trial court. Satterfield v. Breeding Insulation Co., No. E2006-00903-COA-R3-CV, 2007 WL 1159416 (Tenn. Ct. App. Apr. 19, 2007). We granted the employer’s application for permission to appeal to determine whether the deceased woman’s  omplaint can withstand a motion for judgment on the pleadings. We have determined that it does because, under the facts alleged in the complaint, the employer owed a duty to those who regularly and for extended periods of time came into close contact with the asbestos contaminated work clothes of its employees to prevent them from being exposed to a foreseeable and unreasonable risk of harm. Tenn. R. App. P. 11 Appeal by Permission; Judgment of the Court of Appeals Affirmed; Case Remanded

Authoring Judge: 
Justice William C Koch, Jr.
Originating Judge: 
Judge W. Dale Young
Date Filed: 
Tuesday, September 9, 2008