QUIROZ v. ALCOA INC.

No. CV-16-0248-PR.

416 P.3d 824 (2018)

Ernest V. QUIROZ and Mary Quiroz, husband and wife, Plaintiffs/Appellants, v. ALCOA INC., et al., Defendants/Appellees.

Supreme Court of Arizona.

Filed May 11, 2018.


Attorney(s) appearing for the Case

Burt Rosenblatt , Ely Bettini Ulman & Rosenblatt, Phoenix; Michael B. Gurien (argued), Waters, Kraus & Paul, El Segundo, CA, Attorneys for Ernest V. Quiroz and Mary Quiroz.

Edward M. Slaughter (argued), Hawkins Parnell Thackston & Young LLP, Dallas, Texas; Molly C. Machold , Mark B. Tuvim , Gordon & Rees LLP, Phoenix, Attorneys for Alcoa, Inc., et al.

David L. Abney , (argued) Ahwatukee Legal Office, PC, Phoenix; Stanley G. Feldman , Miller, Pitt, Feldman & McAnally, P.C., Tucson, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Ellen M. Bublick , University of Arizona James E. Rogers College of Law, Tucson, Attorney for Amicus Curiae.

Elizabeth S. Fitch , Righi Fitch Law Group, PLLC, Phoenix, Attorney for Amicus Curiae Coalition for Litigation Justice, Inc.

Christopher Robbins , Hill, Hall & DeCiancio, PLC, Phoenix, Attorney for Amicus Curiae Arizona Association of Defense Counsel.

Thomas E. Kelly, Jr. , K & L Gates LLP, Seattle, WA, Attorney for Amicus Curiae Chamber of Commerce of the United States of America.

JUSTICE GOULD authored the opinion of the Court, in which JUSTICE BRUTINEL and JUSTICES TIMMER, BOLICK, and LOPEZ joined. CHIEF JUSTICE BALES and VICE CHIEF JUSTICE PELANDER dissented.


¶ 1 We address whether an employer who used asbestos materials in its workplace before 1970 had a duty to protect the public from off-site contact with employees who may have been carrying asbestos fibers on their work clothes. Such exposure is referred to as secondary, or take-home, asbestos exposure. We...

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