Certainteed Corp. v. Fletcher
300 Ga. 327
| Ga. | 2016Background
- Plaintiff Marcella Fletcher developed malignant pleural mesothelioma and sued CertainTeed, alleging exposure from laundering her father’s asbestos-contaminated work clothing tied to CertainTeed’s asbestos-containing pipes.
- Fletcher pleaded negligent design (design defect) and negligent failure to warn.
- Trial court granted CertainTeed’s motion for summary judgment before discovery completed; Fletcher appealed.
- Court of Appeals reversed, holding genuine issues on design-defect (risk-utility) and duty-to-warn claims.
- Georgia Supreme Court granted certiorari, affirmed reversal on the design-defect claim (finding risk-utility governs) and reversed the Court of Appeals on the failure-to-warn claim (holding CertainTeed owed no duty to warn Fletcher).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CertainTeed’s product was defectively designed (which test governs) | Banks (risk-utility) applies; CertainTeed’s design was negligent and alternative safer designs were available | CSX (limiting duties in asbestos contexts) controls to bar liability | Banks risk-utility test governs design-defect claims against manufacturers; genuine factual dispute precluded summary judgment for CertainTeed (reversed trial court) |
| Whether CertainTeed owed a duty to warn Fletcher (a third party exposed via worker’s clothing) | A manufacturer’s duty to warn extends to reasonably foreseeable third parties like Fletcher; warnings could have led the worker to mitigate risk to family | No practicable duty to warn remote third parties; imposing such a duty would be unworkable and create unbounded liability | No duty to warn Fletcher as a third party; Court of Appeals erred in reversing summary judgment on the failure-to-warn claim (affirmed in part, reversed in part) |
Key Cases Cited
- Banks v. ICI Americas, 264 Ga. 732 (adopting risk-utility test for design-defect claims)
- CSX Transp. v. Williams, 278 Ga. 888 (holding employer’s duty re: asbestos-tainted clothing does not extend to third-party nonemployees; limits on duty)
- Ogletree v. Navistar Intl. Transp. Corp., 271 Ga. 644 (explaining defendant’s burden to show absence of evidence of design defect)
- Jones v. Nordictrack, Inc., 274 Ga. 115 (stating core of design-defect inquiry is whether defendant failed to adopt a reasonable alternative design)
- Chrysler Corp. v. Batten, 264 Ga. 723 (manufacturer’s duty to make products reasonably safe for intended or foreseeable uses)