I had the good fortune this past Tuesday to observe the beginning of oral arguments at the Court of Appeals in In re New York City Asbestos Litigation v. A.C. & S, Inc.  The issue involved on the appeal is whether a defendant owed a duty of care to a specific plaintiff who claims to have suffered injuries as a result of the defendant’s negligent acts or omissions.  That specific plaintiff is a wife, who allegedly incurred a serious medical condition by laundering her husband’s asbestos-contaminated work clothes during the 30-year period that the husband was employed by the Port Authority.  Notably, the wife was not an employee of the Port Authority.

Where does an employer’s duty end?  The Appellate Division, First Department reinstated the wife’s first cause of action in common-law negiglence, determining, among other things, that an issue of fact existed as to actual or constructive knowledge of the risk of secondary exposure.  I can’t wait to read to see the Court of Appeals’ decision on this case in the coming months.