In a products liability case with potential major ramifications, a divided New Jersey Supreme Court determined there was no distinction between original parts by manufacturers and distributors that contain asbestos and replacement parts containing the same by a third party that caused injury, and ultimately death, to a decades-long plumber—and so the manufacturer and distributor had a duty to warn of the dangers of both parts.

In a 5-2 decision, the court upheld an August 2018 appellate panel ruling in favor of plaintiff Arthur Whelan, who died from mesothelioma. There, Appellate Division Judge Heidi Currier found that Whelan had “presented sufficient evidence detailing his exposure to asbestos,” either from defendants’ original or replacement components or from a third party’s replacement components, to withstand summary judgment.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]