Leathers v. Union Carbide
N15C-11-224 ASB
Del. Super. Ct.Nov 8, 2017Background
- Plaintiff Raymond K. Leathers worked as a sheetrock finisher (1967–1974) and used Georgia-Pacific and National Gypsum joint compounds.
- Union Carbide manufactured and sold a chrysotile asbestos fiber marketed as “Calidria,” which it sold to joint compound manufacturers supplying the New York/New England area in the 1970s.
- Leathers alleges exposure to asbestos in ready-mix joint compounds that incorporated Union Carbide’s Calidria and seeks to hold Union Carbide liable for his injuries.
- The core legal question was whether Union Carbide owed a duty to warn Leathers under Rhode Island law (applied in this case) given its sale of a raw asbestos fiber component.
- The Court found Leathers had sufficient evidence of possible exposure but focused the summary-judgment analysis on duty to warn and liability under Restatement (Third) of Torts § 5.
- The court granted Union Carbide’s motion for summary judgment, concluding the raw, unadulterated asbestos was not a defective component that created a duty to warn.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether seller of a raw asbestos component owed a duty to warn end-users under Restatement (Third) § 5 | Leathers: Union Carbide supplied Calidria to joint compound makers and therefore owed a duty to warn downstream users | Union Carbide: Under § 5 and its comments, raw materials/bulk products integrated by a buyer are not defective and do not create a duty to warn | Court: § 5 applies; raw, unadulterated asbestos is not a defective component, so no duty to warn — summary judgment for Union Carbide |
Key Cases Cited
- Buonanno v. Colmar Belting Co., Inc., 733 A.2d 712 (R.I. 1999) (Rhode Island adopted Restatement (Third) of Torts § 5)
- Gray v. Derderian, 365 F. Supp. 2d 218 (D.R.I. 2005) (discussing Rhode Island’s adoption of Section 5)
- Cimino v. Raymark Industries, Inc., 151 F.3d 297 (5th Cir. 1998) (held raw asbestos not defective under Restatement § 2 and § 5)
- Riggs v. Asbestos Corp. Ltd., 304 P.3d 61 (Utah Ct. App. 2013) (found raw, unadulterated asbestos could not be defectively designed or manufactured)