Kivell v. Murphy Oil USA Inc.
N15C-07-093 ASB
| Del. Super. Ct. | Aug 30, 2017Background
- Plaintiff Sandra Kivell, as Personal Representative of Milton J. Kivell, sues Murphy Oil USA Inc. in Delaware Superior Court for mesothelioma and death related to asbestos exposure.
- Mr. Kivell worked at Murphy’s refinery in 1972 on a Litwin Construction project, a turnkey contractor responsible for design, procurement, and installation of a battery limits facility.
- Litwin personnel and affidavits place Kivell on construction of the Crude Distillation, Platformer, and Hydrobon units; Litwin reportedly controlled the construction in those phases.
- In 1979, Kivell worked for MMCRubland as a subcontractor installing tubing; Murphy contends asbestos insulation was not used in the 1979 FC/Alkylation units in Area 4.
- Plaintiff argues Murphy had a duty under Louisiana law to protect independent-contractor employees from hazards, citing latent duties recognized in Thomas and related authorities.
- The court granted Murphy’s motion for summary judgment on both negligence and strict liability claims, finding no evidence of duty, control, or asbestos use by Murphy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty of care to independent contractor workers | Kivell argues Murphy owed a duty under Louisiana law to protect independent-contractor employees from hazards. | Murphy contends no duty exists unless hazards are inherent in defendant’s premises or otherwise shown by record. | Duty not shown; summary judgment for Murphy on negligence |
| Strict liability viability | Kivell asserts exposure to asbestos through products on Murphy’s premises supports strict liability. | Murphy lacked custody/control or ownership of asbestos products; no defect in things under defendant’s custody. | Strict liability claim fails; summary judgment for Murphy |
Key Cases Cited
- Thomas v. A.P. Green Indus. Inc., 933 So.2d 843 (La.Ct.App. 2006) (employer knew of asbestos hazards; evidence of contracts for asbestos-containing products)
- Jefferson v. Cooper/T. Smith Corp., 858 So.2d 691 (La.Ct.App. 2003) (premises-related duties for hazards encountered by contractor employees)
- Migliori v. Willows Apartments, 727 So.2d 1258 (La.Ct.App. 1999) (cites elements of strict liability with custody and control considerations)