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PSI Energy, Inc. v. Roberts

Indiana Supreme Court
829 N.E.2d 943 (2005)


Facts

William Roberts (plaintiff) was employed by Armstrong Contracting and Supply Company (Armstrong), the nation’s largest insulation contractor at the time. His duties involved the handling, installation, and removal of asbestos-containing insulation at power-generating facilities owned by PSI Energy, Inc. (PSI) (defendant), one of Armstrong’s customers. As a result of his handling of the asbestos-containing insulation, Roberts contracted mesothelioma, a usually malignant form of cancer. Roberts sued PSI for damages, alleging that the company should be held vicariously liable for the negligence of its independent contractor, Armstrong, and argued that handling asbestos-containing insulation constituted an “intrinsically dangerous” activity.

Rule of Law

Issue

Holding and Reasoning (Boehm, J.)

Concurrence/Dissent (Dickson, J.)

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