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Torts Keyed to Dobbs
Boynton v. Kennecott Utah Copper, LLC
Citation:
500 P.3d 847 (2021)Facts
Larry Boynton worked at several job sites from 1961 to 1978 where he was exposed to asbestos. From 1961 to 1964, he worked as a laborer for Kennecott at its smelter, cleaning up discarded pipe insulation containing asbestos. He continued working at Kennecott’s smelter for two more years as an employee of Wasatch Electric. In 1973, Larry worked as a construction electrician for Jelco-Jacobsen at PacifiCorp’s Huntington Canyon Power Plant, where he was exposed to asbestos dust generated by Mountain States Insulation workers. From 1976 to 1978, he worked at Conoco’s oil refinery where employees removed asbestos pipe insulation. At all these locations, Larry alleges that asbestos dust settled on his clothes, which he brought home. His wife Barbara would launder his clothes, shaking out the dust before washing, thus exposing herself to “great quantities” of asbestos. After nearly 54 years of marriage, Barbara was diagnosed with malignant mesothelioma on February 4, 2016, and died on February 27, 2016. None of the premises operators warned Larry about asbestos dangers, monitored exposure levels, or provided laundry services that would have prevented him from bringing contaminated clothes home.
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