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Case Law Update: Wrongful Death in Asbestos Case

Nelson v. Aurora Equipment Company, No. 2-08-0186 (5-29-09) affirmed that the defendant, a former employer of plaintiff’s decedent’s husband and son, at which they were exposed to asbestos containing materials, owes no duty to plaintiff’s decedent for exposure to asbestos fibers from her son and husband’s clothing. Therefore, plaintiff’s negligence wrongful death complaint based on premises liability is subject to dismissal by summary judgment. This case will affect premises liability cases.