Bystander and Proximity Workers: Asbestos Court Decisions

Decisions in our case-law library that involve bystander exposure: 16 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Bystander and Proximity Workers.

California

• Johnson v. ArvinMeritor, Inc. (1st Appellate District, 5th Division, 2017). Visitor to his father's workplace who sometimes helped with brake and clutch work at Bekins main warehouse, Stockton, 1972-1982
• Petitpas v. Ford Motor Company (2nd Appellate District, 4th Division, 2017). Visitor to her boyfriend (later husband) at work in the service bay at Enco service station, Pomona, 1966-1967
• Saller v. Crown Cork & Seal Company, Inc. (2nd Appellate District, 1st Division, 2017). Refinery worker with a number of different jobs at Standard Oil refinery, El Segundo, 1959-1967

Louisiana

• Ragusa v. Louisiana Guaranty Insurance Association (2023). Crane operator working next to other crafts at Various plants and refineries owned by the defendants, 1989-2017
• Cortez v. Lamorak Insurance Company (2022). Worked near Hopeman Brothers personnel at Halter Marine, Inc.

Massachusetts

• Morin v. AutoZone Northeast, Inc. (2010). Co-owner and operator of a fresh produce supplier, with an office near the mechanics' pit at Bedford Fruit Company, Hyannis

New York

• ALBIN v. AJAX MAGNETHERMIC CORPORATION (In re New York City Asbestos Litigation) (2019). 1951-1976
• Snedeker v. Arvinmeritor, Inc. (Broome, 2017). Present while others worked on brake materials at Stever Brothers, 1957-1977
• Flahive v. 3M Co. (In re New York City Asbestos Litigation) (2015). Visitor watching laborers in a machine shop at her mother's place of work
• Vellucci v. Borg-Warner Corp. (2015). Socialized at garage (did not work there) at car garage in Brooklyn, 1974-1980
• Assenzio v. AO Smith Water Prods. (2013). Worker near construction
• Matter of New York City Asbestos Litigation v. AW Chesterton Co., Inc. (2013). Elevator operator at building in lower Manhattan, New York, late 1980s

Ohio

• Barone v. Gatx Corp. (11th Appellate District, 2006). Stenciler in the paint shop at GATX temporary paint shop attached to the repair shop, 1961-1962

Other federal courts

• Whatley v. Armstrong World Industries, Inc. (1988). Chipper at Alabama shipyard, over thirty years, until 1982
• Jackson v. Johns-Manville Sales Corp. (1985). Work leaderman or supervisor at Ingalls Shipbuilding Corporation yard, Pascagoula (naval ships), 1953-1971

Rhode Island

• Day v. 3M Company Inc. (2024). Present at home construction sites at homes built by Mr. Bonito