Estate of Holmes v. Pneumo Abex, LLC
955 N.E.2d 1173
Ill. App. Ct.2011Background
- Jean Holmes died of peritoneal mesothelioma in 2006; Roger Holmes, as special administrator, sued Pneumo Abex L.L.C. and Honeywell International, Inc. for wrongful death.
- Plaintiff alleged that asbestos-related harm resulted from a conspiracy among several industry players to suppress information about asbestos dangers.
- Evidence showed decedent’s only asbestos exposure came from her husband’s work clothes at Unarco in 1962–1963; decedent and husband were never exposed to Bendix or Abex products.
- Defendants argued they owed no duty to disclose asbestos hazards to decedent and that no duty existed for take-home or household exposure.
- A jury awarded damages in plaintiff’s favor in 2009; posttrial motions were denied, and defendants appealed seeking judgment notwithstanding the verdict.
- The appellate court reversed, holding no duty existed to decedent, thus overturning the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a duty existed between defendants and the decedent | Holmes argues duty arose via take-home exposure risk | Abex/Honeywell contend no duty to decedent existed | No duty owed; judgment n.o.v. appropriate |
| Whether public policy and foreseeability support imposing a take-home exposure duty | Duty should be recognized to prevent take-home asbestos exposure | Foreseeability and public-policy considerations do not support duty here | Duty not imposed; foreseeability not established for this time period |
| Whether Simpkins v. CSX Corp. controls the duty question | Simpkins supports duty to family from take-home exposure | Simpkins not controlling; no duty here | Simpkins acknowledged by dissent but not adopted; no duty |
Key Cases Cited
- York v. Rush-Presbyterian-St. Luke's Medical Center, 222 Ill.2d 147 (2006) (standard for judgment n.o.v.; cannot reweigh evidence)
- Lazenby v. Mark's Construction, Inc., 236 Ill.2d 83 (2010) (de novo review of denial of j.n.o.v.)
- Marshall v. Burger King Corp., 222 Ill.2d 422 (2006) (duty factors: foreseeability, likelihood, burden, consequences)
- McClure v. Owens Corning Fiberglas Corp., 188 Ill.2d 102 (1999) (civil-conspiracy elements: agreement and tortious act)
- Dukes v. Pneumo Abex Corp., 386 Ill.App.3d 425 (2008) (conspiratorial liability of those who knowingly further objectives)
- Nelson v. Aurora Equipment Co., 391 Ill.App.3d 1036 (2009) (no duty where no premises contact; bystander exposure)
- Simpkins v. CSX Corp., 401 Ill.App.3d 1109 (2010) (duty to immediate family for take-home asbestos exposure)
- Adcock v. Brakegate, Ltd., 164 Ill.2d 54 (1995) (public policy considerations in duty analysis)