Duty to Warn of Asbestos-Containing Replacement Parts Affirmed by Split Court

By: Cohen, Placitella & Roth @ Jun 09, 2020

The NJ Supreme Court recently upheld an August 2018 appellate panel ruling in favor of C/P/R Plaintiff, Arthur Whelan, who died of mesothelioma.  In a 5-2 decision, the Court found that manufacturers and distributors who distributed asbestos containing replacement parts had the same duty to warn about these hazardous products as the original manufacturers and distributors. 

C/P/R’s Chris Placitella issued this statement: “This landmark decision is a huge victory for all those devastated in injury and mortality by exposure to asbestos intentionally incorporated into machinery manufactured by the defendants. The well-reasoned opinion authored by Justice Albin provides an in-depth analysis of the evolution of New Jersey product liability law and why fundamental fairness supports the Court’s decision here. We are very happy for the Whelans.”  To learn more, click here or here.