The firm’s Mark Linder has secured a major victory for his client, as a California appeals court has affirmed that employers can be held liable for injuries caused by secondhand asbestos exposure. The plaintiff, Wanda Beckering, alleges that she contracted mesothelioma from exposure to asbestos that accumulated on her husband’s work clothing during his long-term employment with Shell Oil.
“This ruling follows a growing number of appellate opinions from across the country that employers and landowners are under a duty to exercise reasonable care with respect to workplace hazards, including the liability that comes from transferring those hazards to family members and others,” says Linder.
The decision by a three-judge panel in the state’s Second Appellate District followed a recent ruling by the California Supreme Court that expanded the general duty of care that employers have to keep their employees safe from foreseeable harm. The panel sent the case back to the trial court with instructions to deny Shell’s motion for summary judgment.
“We look forward to picking up where we left off in the trial court and to giving Ms. Beckering’s family their day in court,” says Mr. Linder.