Matter of Eighth Judicial District Asbestos Litigation

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The Court of Appeals reversed the order of the Appellate Division granting summary judgment for Defendant in this products liability action, holding that Defendant failed to carry its burden on summary judgment that the industrial "coke ovens" located in the decedent's workplace were not "products" for purposes of strict products liability such that Defendant did not have a duty to warn of their harmful nature.The decedent worked as a coke oven "lid man" for almost thirty years. A coke oven burns coal at high temperatures to create coke, a fuel formerly used in the production of steel. The decedent's estate commenced this action alleging that the decedent's cancer was proximately caused, at least in part, by his exposure to the coke oven emissions at Defendant's plant. Supreme Court denied Defendant's motion for summary judgment, concluding that coke ovens were products and thus subjected Defendant to strict liability as a products manufacturer. The Appellate Division reversed, concluding that a coke oven did not constitute a product for purposes of Plaintiff's products liability causes of action. The Court of Appeals reversed, holding that coke ovens are products within the broader context of common-law principles of assigning a legal duty to warn. View "Matter of Eighth Judicial District Asbestos Litigation" on Justia Law