BONNIE ANDERSON, ET AL. VS. A.J. FRIEDMAN SUPPLY CO.,
INC., ET AL. VS. GOODYEAR TIRE AND RUBBER COMPANY,
ET AL.
A-5892-07T1 08-20-10
In this asbestos litigation, plaintiffs Bonnie and John R.
Anderson, husband and wife, alleged that Bonnie contracted
mesothelioma from either one or both of two exposures to
asbestos at the refinery owned by defendant Exxon Mobil
Corporation. The first was bystander exposure from laundering
John's asbestos-laden work clothes during his employment with
Exxon from 1969 to 2003. The second was direct exposure during
Bonnie's employment with Exxon from 1974 to 1986.
Exxon appeals from a judgment in favor of plaintiffs,
awarding $7 million to Bonnie and $500,000 per quod to John.
Exxon contends, among other arguments, that the action was
barred by the exclusive remedy provisions of the Workers'
Compensation Act (WCA), N.J.S.A. 34:15-1 to -69.3. We reject
that argument as it pertains to the bystander exposure. We hold
that Exxon owed a duty to Bonnie (as a member of John's
household) to exercise reasonable care to provide a workplace
free of asbestos, which could cause bystander exposure to the
household members of its employees.
We also hold that pursuant to the dual persona doctrine,
Bonnie could recover in tort if she could prove that (1) her
mesothelioma was caused from exposures while she was not
employed by Exxon, or (2) Bonnie's bystander exposure was the
substantial cause of her mesothelioma.
