Attorney Rob Jarosh recently received summary judgment on behalf of the operator of a mineral plant and its parent companies in a wrongful death case brought by the widow of an employee who died due to mesothelioma, allegedly from exposure to asbestos-related products and hazards at the mine during his employment. Plaintiff sued the operator on the theory that it was liable based upon premises liability, and also asserted that the operator’s parents were liable due to their alleged direct control over operations at the plant. The Federal District Court agreed with the Defendants that the operator was entitled to summary judgment based upon workers’ compensation immunity, and that the parent companies were entitled to summary judgment because there was no evidence that they assumed a legal duty that would permit them to be held liable as parent companies.
