Boynton v. Kennecott Utah Copper, LLC
Utah Supreme Court
500 P.3d 847 (2021)
- Written by Jamie Milne, JD
Facts
In the 1960s and 1970s, Larry Boynton (plaintiff) worked at job sites owned by Kennecott Utah Copper, LLC (Kennecott), ConocoPhillips Company (Conoco), and PacifiCorp (collectively, the companies) (defendants). At the sites, Larry was exposed to asbestos, which he carried home from work on his clothes. In 2016, Larry’s wife, Barbara Boynton, died from mesothelioma, which is caused by asbestos exposure. Larry filed a negligence action against the companies. He argued that their failure to warn of the risks of take-home exposure and to implement practices reducing those risks led to Barbara’s death. Kennecott and Conoco moved for summary judgment, arguing that they could not be liable because they had no relationship with Barbara and therefore did not owe her a duty of care. The trial court granted summary judgment in Conoco’s favor, but not Kennecott’s. The Utah Supreme Court granted interlocutory review.
Rule of Law
Issue
Holding and Reasoning (Himonas, J.)
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