Metal Scrapper’s Mesothelioma Claim Tossed; Use of Product Not Reasonably Foreseeable

A manufacturer of asbestos-containing valves had no duty to warn a scrap metal recycler about asbestos exposure during salvaging because the product wasn’t being used in a reasonably foreseeable manner, a New York appeals court has ruled (Hockler v. William Powell Co., 2015 BL 181421, N.Y. App. Div., No. 14981, 6/9/15).

There is no triable issue regarding a duty to warn because dismantling isn’t an intended use of the product, the Supreme Court of New York, Appellate Division, said June 9.

“We reverse because, even assuming Powell’s valves were defectively designed, plaintiff’s injuries did not result from ...