Riggs v. Asbestos Corporation Limited
2013 UT App 86
Utah Ct. App.2013Background
- Warren diagnosed with malignant peritoneal mesothelioma in July 2007 and died May 25, 2010.
- Warren sued 32 defendants; at trial only Union Carbide, Georgia–Pacific, and Hamilton Materials remained.
- Georgia–Pacific supplied tape joint compound; Union Carbide supplied raw Calidria asbestos used to make the compound.
- Pretrial, Warren argued that the Comparative Negligence Act (CNA) should apply instead of the Liability Reform Act (LRA).
- Trial court denied summary judgment on liability framework; jury awarded Warren over $5.25 million and apportioned fault (Georgia–Pacific 5%, Union Carbide 20%).
- Post-trial, Union Carbide moved for JNOV re: bulk-supplier rule; Gudmundson (Utah Supreme Court) issued after verdict adopting Restatement Third §5; issue preserved on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute governs accrual of the claim | CNA should apply because injury occurred earlier | LRA controls as it was in effect when accrual occurred | LRA applies; accrual occurred on diagnosis, not exposure |
| bulk supplier rule applicability to Union Carbide | Calidria can cause mesothelioma and bulk-supplier defense should not bar recovery | Under Restatement Third, raw material suppliers may not be liable unless substantial design/integration role and causation | Bulk supplier rule applies but cannot defeat causation given evidence; denial of JNOV affirmed |
| Sufficiency of evidence linking Calidria to Warren’s mesothelioma | Calidria can cause mesothelioma; substantial factor in Warren's illness | Experts dispute causation and rely on dose–response uncertainties | Sufficient evidence supports jury’s finding that Calidria was a substantial factor |
| Sufficiency of evidence identifying Georgia–Pacific product at sites | Warren exposed to boxes of GP tape joint compound at multiple sites; packaging and use linked to GP | Evidence insufficient to identify GP product at particular sites | Evidence sufficient to sustain jury verdict on GP identification |
Key Cases Cited
- Gudmundson v. Del Ozone, 232 P.3d 1059 (Utah 2010) (adopted Third Restatement bulk-supplier rule)
- House v. Armour of Am., Inc., 886 P.2d 542 (Utah 1994) (bulk-supplier warnings distinct from end-user warnings)
- Davidson Lumber Sales, Inc. v. Bonneville Inv., Inc., 794 P.2d 11 (Utah 1990) (accrual of tort action and remediable damages)
- Sevy v. Security Title Co. of S. Utah, 902 P.2d 629 (Utah 1995) (statutory accrual and remediable injury principles)