Kesner

BACKGROUND

Kesner was diagnosed with perotineal mesothelioma in February 2011. He filed suit against a number of defendants, including Abex, to recover damages for his injuries. His complaint alleges causes of action for negligence, breach of express and implied

1 See Levine, Clearing the Air: Ordinary Negligence in Take-Home Asbestos Exposure Litigation (2011) 86 Wash. L.Rev. 359, 360, and the cases cited therein; see also, more recently, Clair v. Monsanto Co. (Mo.App. 2013) 412 S.W.3d 295.

2 warranties, and strict products liability arising from his contact with asbestos manufactured or supplied to him as a worker or end user. Kesner’s claims were resolved against all other defendants, all of which apparently were companies (or their successors) for which Kesner was himself employed and exposed to asbestos at their premises. Kesner’s remaining claim against Abex is based on the fact that Kesner’s uncle was an Abex employee who allegedly was exposed to harmful levels of asbestos in his job. Between 1973 and 1979 Kesner was a frequent guest in his uncle’s home, and often spent the night there.2 The uncle allegedly came home in his work clothes covered in asbestos dust. While he…