Commonwealth v. Johnson Insulation

The Commonwealth of Massachusetts (commonwealth) (plaintiff) worked with various companies to construct buildings, and until sometime in the 1970s, it was common practice for companies to provide or use materials that contained asbestos. One of the companies the commonwealth worked with was Johnson Insulation (Johnson) (defendant), from which the commonwealth ordered specific materials according to building plans. Johnson provided various materials with asbestos and failed to warn about the dangers of exposure to asbestos. Sometime in the 1970s, it became clear that any exposure to asbestos or materials containing asbestos created serious health risks, and the use of asbestos in materials stopped. Afterward, the commonwealth removed and replaced the materials in its buildings that contained asbestos. The commonwealth then sued Johnson and other companies that had manufactured, supplied, or installed materials containing asbestos, to recover the costs of the removal. The commonwealth argued that by using materials with asbestos, the companies breached the implied warranty of merchantability. Although all the other companies eventually reached settlement agreements with the commonwealth, Johnson contested the matter through trial and afterward. At trial, the jury found Johnson to be liable for supplying materials that were unfit for their intended use. Johnson moved for judgment notwithstanding the verdict, which the trial judge granted, dismissing the suit against Johnson. The commonwealth applied for and was granted direct appellate review from the Massachusetts Supreme Judicial Court.