Union Carbide Corp. v. Fields
315 Ga. App. 554
Ga. Ct. App.2012Background
- Fieldses alleged Mrs. Fields developed mesothelioma from long-term asbestos exposure from multiple sources.
- Exposure sources included her father's work clothing from Georgia Power and a 1973 home joint compound; also family brake work.
- Fieldses sued numerous defendants and moved for partial summary judgment on nonparty fault to limit apportionment to defendants' damages.
- trial court granted summary judgment against 16 nonparties; defendants appeal; Kuhlman merged with consolidation for appeal.
- OCGA § 51-12-33 allows apportionment of fault to nonparties; fields sought to preclude nonparty fault evidence at trial.
- Union Carbide separately moved for summary judgment, arguing Daubert-excluded chrysotile causation evidence foreclosed proof of causation; issue remained for mixed-exposure theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nonparty fault evidence can be considered for apportioning damages | Fields assert nonparties may be at fault under OCGA § 51-12-33(c). | Defendants contend nonparties identified in notices should be considered; some evidence may support causation. | Yes, nonparties may be considered; but only if evidence shows contribution to injury. |
| Whether Georgia Power could be at fault for apportionment | No evidence Georgia Power contributed to Mrs. Fields' exposure. | Georgia Power could be liable under nonparty fault even if not directly negligent. | Georgia Power had no legally cognizable duty; no fault to assess; summary judgment affirmed as to Georgia Power. |
| Whether Ford and Genuine Parts could be held at fault for apportionment | Evidence suggested Ford and Genuine Parts contributed via automotive brake work. | Evidence insufficient to show Ford/Genuine Parts manufactured or supplied the asbestos-contributing products. | No; insufficient causation evidence to attribute fault to Ford or Genuine Parts; summary judgment affirmed for these parties. |
| Whether Chrysler and GM could be held at fault for apportionment | Brake-work exposure implicates Chrysler/GM products. | Evidence fails to prove Chrysler/GM products contained asbestos that caused injury. | No; lack of specific causation evidence; summary judgment affirmed for these parties. |
| Whether Union Carbide was entitled to summary judgment on causation | Mixed-exposure theory could show chrysotile plus other asbestos causes mesothelioma; evidence admissible. | Daubert-excluded chrysotile-alone causation; no reliable evidence of mixed exposure in record properly admitted. | Summary judgment denied; record shows genuine issue of causation; trial court's denial affirmed. |
Key Cases Cited
- Hodge v. SADA Enterprises, 217 Ga.App. 688, 458 S.E.2d 876 (1995) (affirmative defenses require proof; summary judgment standard)
- Hoffman v. AC & S, Inc., 248 Ga.App. 608, 548 S.E.2d 379 (2001) (threshold causation proof for asbestos injury sufficiency)
- Adamson v. Gen. Elec. Co., 303 Ga.App. 741, 694 S.E.2d 363 (2010) (personal knowledge sufficiency; need for specific causation evidence)
- Six Flags Over Ga. v. Kull, 276 Ga. 210, 576 S.E.2d 880 (2003) (statutory construction; plain meaning governs)
- Barnett v. Farmer, 308 Ga.App. 358, 707 S.E.2d 570 (2011) (nonparties at fault jurisdiction; fault considered even if nonparty immune)
- McReynolds v. Krebs, 307 Ga.App. 330, 705 S.E.2d 214 (2010) (apportionment requires evidence of nonparty contribution)
- Butler v. Union Carbide Corp., 310 Ga.App. 21, 712 S.E.2d 537 (2011) (reliability of expert causation evidence; standard for asbestos cases)
- Jones v. City of Willacoochee, 299 Ga.App. 741, 683 S.E.2d 683 (2009) (verification standards; evidence for summary judgment)