A New Jersey judge issued an opinion in favor of the firm’s client, a major international petrochemical company, dismissing a suit in which plaintiff alleged exposure to asbestos-containing products while engaged in demolition at a client-owned facility. Mr. Schmitz successfully argued that, under New Jersey law, a landowner has no duty to protect employees of an independent contractor where the alleged exposure was related to the very work the plaintiff was hired to perform. In reaching its decision, the court found that contract documents referencing the removal of asbestos insulation, taken alone, did not support liability or establish that the defendant controlled the means and methods of the plaintiff’s work.
The win establishes an important precedent for defendants in asbestos litigation, affirming that “where an owner or occupier of land invites or contracts an outside company to perform work on their property related to the hazardous condition, there is no duty imposed on behalf of the landowner.” Mr. Schmitz was assisted by Christine M. Delaney and Christine M. Emery.
