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Millison v. E. I. du Pont de Nemours & Co.
New Jersey Supreme Court
501 A.2d 505 (1985)
William Millison (plaintiff) and other employees (collectively, employees) of E. I. du Pont de Nemours & Co. (du Pont) (defendant) suffered long-term exposure to asbestos in the course of their work for du Pont. Company physicians had performed annual physicals on the employees that included chest X-rays, pulmonary-function tests, electrocardiograms, urine analyses, and blood tests, which revealed that the employees had developed serious pulmonary and respiratory abnormalities associated with asbestos exposure. The employees alleged that du Pont did not inform them of these results and instead told them that their health was fine. The employees, whose injuries were compensable under the New Jersey Workers’ Compensation Act, brought additional tort claims against du Pont, alleging that (1) du Pont intentionally concealed knowledge of the dangers associated with asbestos exposure, resulting in the employees’ asbestos-related illnesses; and (2) du Pont fraudulently concealed the fact that company medical examinations had revealed that the employees had contracted asbestos-related diseases, sending the employees back into the workplace, where their conditions were aggravated by additional exposure to asbestos. The trial court granted summary judgment to du Pont. The appellate division affirmed, and the employees appealed.
Rule of Law
Holding and Reasoning (Clifford, J.)
Concurrence/Dissent (Handler, J.)
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