The precedent-setting N.J. Supreme Court ruling that said spouses who became ill after handling the asbestos-tainted clothing of their partners could be awarded damages may be extended to offer protection to non-married couples or roommates, the court ruled.
The court unanimously said that its 2006 ruling in Olivo v. Owens-Illinois could be applied in other contexts after a detailed analysis of the relationships between the employer, the employee and the person seeking damages.
The July 6 ruling in Schwartz v. Accuratus came through a request by the U.S. Court of Appeals for the Third Circuit, which asked the N.J. Supreme Court to settle a question of law. The Third Circuit asked the court to rule whether Olivo was limited to spousal relationships only.
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Michael Booth
Trenton Bureau Chief New Jersey Law Journal American Lawyer Media [email protected] Twitter: @mboothnjlj
