Quiroz v. Alcoa, Inc.

416 P.3d 824 (2018)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Quiroz v. Alcoa, Inc.

Arizona Supreme Court
416 P.3d 824 (2018)

  • Written by Tanya Munson, JD
Quiroz v. Alcoa, Inc.

Facts

In October 2014, Ernest V. Quiroz died from mesothelioma. Mesothelioma is a form of cancer associated with asbestos exposure. Quiroz’s surviving wife, children, and parents (the family) (plaintiffs) filed suit against Reynolds Metal Company, Alcoa, Inc., and Reywest Development Company (Reynolds) (defendant), alleging that Reynolds negligently caused Quiroz’s death by failing to protect Quiroz from second-hand asbestos exposure. Quiroz lived with his father as a minor from 1952 to 1970. Quiroz’s father had worked at a plant owned by Reynolds from 1948 until 1983. Quiroz’s father worked with asbestos, and his clothes were contaminated with asbestos fibers. When Quiroz’s father came home, Quiroz was exposed to the asbestos fibers on his father’s clothes. The family alleged that Reynolds breached their duty to protect Quiroz from take-home asbestos by failing to warn his father about the dangers of secondary asbestos exposure, failing to provide his father with safety equipment, and failing to take necessary safety measures to protect Quiroz from exposure. The family argued that the court should recognize a duty based on § 7 and § 54 of the Restatement (Third) of Torts: Liability for Physical and Emotional Harm (Third Restatement), which provided that a duty exists for landowners for artificial conditions or conduct on the land that poses a risk of potential harm to persons not on the land.

Rule of Law

Issue

Holding and Reasoning (Gould, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership