Georgia Court of Appeal Granted Summary Judgment in Part and Denied it In Part to CertainTeed
In this Georgia case, the court granted summary judgment to CertainTeed on some of the plaintiff’s theories but denied the motion with respect to duty to warn: “Applying this law to the facts of this case, we conclude that whether CertainTeed had a duty to warn of the risks of its asbestos-containing water pipe remains a question for the jury to resolve. Fletcher presented some evidence that, prior to and during the period that Fletcher’s father was actively working with its pipe, CertainTeed had actual or constructive knowledge of the following: (1) asbestos is a hazardous substance that causes mesothelioma; (2) asbestos dust may be released from its asbestos-containing cement water pipe during the ordinary use of that product; (3) the asbestos dust may be deposited on the work clothing of those using the pipe; (4) workers who are unaware of the risks of asbestos dust may unwittingly expose others, in this case family members, to that dust. Because the facts adduced with respect to CertainTeed’s knowledge are disputed and because questions concerning foreseeability are typically for the jury, the trial court erred in granting summary judgment to CertainTeed on Fletcher’s negligent failure to warn claim.”
If you have questions about how this decision may impact your business, please contact:
- Joseph J. Welter (716.566.5457; jwelter@goldbergsegalla.com)
- Jason A. Botticelli (716.566.5460; jbotticelli@goldbergsegalla.com)
- Or another member of Goldberg Segalla’s Toxic Torts Practice Groups