The Seventh Circuit breathed new life into a lawsuit implicating a kiln device manufacturer in a mesothelioma case, asserting that the manufacturer’s responsibility to consumers should encompass its product packaging, which was discovered to contain asbestos.
In a published opinion issued Tuesday, a three-judge panel revived the lawsuit against The Edward Orton Jr. Ceramic Foundation, brought by Deborah Johnson, widow of Bruce Johnson. The lawsuit alleges negligence, wrongful death, and survival damages against the manufacturer in connection with Bruce Johnson’s death from mesothelioma.
Manufacturer’s Knowledge and Liability
The panel noted that although Orton did not possess “actual knowledge” before September 1981 regarding the asbestos content in the shipping packaging for its pyrometric cones, the prevailing state of human knowledge implied that contamination was highly likely.
The court emphasized Orton’s responsibility to ensure the safe transportation of its products, thus subjecting it to an expert standard of knowledge concerning the packaging’s safety.
According to court records, Bruce Johnson was exposed to asbestos found in vermiculite, a mineral used by Orton as packaging material until 1983 to protect its pyrometric cones. Johnson, who worked with ceramics from 1971 to 1984, used Orton’s cones during this period.
Orton’s supplier of vermiculite, W.R. Grace & Co., sourced the mineral from a mine in Libby, Montana, known to contain both vermiculite and asbestos. Despite Orton’s claim of gaining knowledge of asbestos contamination in September 1981, it continued to use vermiculite until 1983 when it switched to plastic packaging.
Impact and Legacy of Bruce Johnson
Bruce Johnson was diagnosed with mesothelioma in 2017 and passed away in 2020. His widow filed suit against Orton in 2018, alleging negligence by failure to warn.
The trial court previously absolved Orton of liability, viewing its role merely as a seller trusting in the safety of W.R. Grace’s product. However, the Seventh Circuit panel disagreed, asserting that Orton, as the manufacturer of the pyrometric cones, held a duty to ensure safe packaging.
The panel also dismissed Orton’s argument that it lacked knowledge of the asbestos contamination before 1981, holding the manufacturer to an “expert standard” of awareness regarding materials used in packaging.
The case continues to evolve, awaiting further proceedings as it brings to light the complexities of product liability and consumer safety. U.S. Circuit Judges Kenneth F. Ripple, Ilana D. Rovner, and Diane P. Wood presided over the Seventh Circuit panel.
