Products Liability-Asbestos

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7^th Circuit Court of Appeals

Case Name: Deborah Johnson v. Edward Orton, Jr. Ceramic Foundation

Case No.: 22-1822

Officials: Ripple, Rovner, and Wood, Circuit Judges.

Focus: Products Liability-Asbestos

Deborah Johnson initially brought this product liability action in state court against Edward Orton, Jr. Ceramic Foundation (“Orton”). She alleged that her late husband, Bruce Johnson, contracted mesothelioma as a result of exposure to asbestos contained in vermiculite packaging material used by Orton. Orton removed the action to federal court, and, in due course, the district court granted summary judgment for Orton. It held that, under applicable Illinois state law, Orton did not owe a duty to Mr. Johnson.

The district court should not have granted summary judgment on the issue of Orton’s duty in the period after September 1981. Orton had actual knowledge during that time period that the W.R. Grace vermiculite was contaminated with asbestos and there is a genuine issue of triable fact as to Orton’s continued use of W.R. Grace vermiculite after receiving the Data Sheet.

The Seventh Circuit reverses the judgment of the district court and remands.

Reversed and Remanded.

Decided 06/20/23

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