Following recent court action, defendants up against "take-home" asbestos exposure claims may need to rethink their legal strategy.
The Northern District of Illinois recently denied a Motion for Reconsideration of a Motion to Dismiss that the court had previously granted to a defendant in a "take-home" or "secondary" asbestos lawsuit. In Neumann v. Borg-Warner Morse TEC LLC, No. 15 C 10507, 2016 WL 3059082, (N.D. Ill. May 31, 2016), the plaintiff filed a negligence action against several defendants. The Plaintiff's son worked as a gas station attendant in the 1970s - a position in which he allegedly handled asbestos-containing products made by defendant. The Plaintiff contended she was exposed to asbestos through "take-home" or "secondary" exposure via washing her son's work clothing that contained asbestos dust from the products he used at work.
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