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Court Ruling Allows Second Hand Exposure Case to Proceed to Trial
The Tennessee Supreme Court handed down a landmark decision that will allow a second hand asbestos exposure case to proceed to trial. The court ruled that a lawsuit filed against Alcoa by the father of a mesothelioma victim could proceed because the company had a duty of care that extended to family members.
Doug Satterfield filed the lawsuit after his daughter was diagnosed and later died from mesothelioma. Satterfield claims that he was routinely exposed to asbestos and carried fibers home with him on his clothing.
Satterfield filed suit against the company in 2003 but a trial judge initially dismissed the case arguing that Alcoa's liability did not extend to family members. In what could be one of the most important asbestos related rulings in the past decade, the supreme court reversed that decision allowing the lawsuit to go to trial.
The case will now go back to the lower court where they will begin the process of setting a trial date and handling depositions.
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