Palmer v. 999 Quebec, Inc.

Summary

The North Dakota Supreme Court affirmed summary judgment dismissing Deborah J. Palmer’s negligence claim against A.W. Kuettel & Sons, Inc., arising from alleged take-home asbestos exposure. The court held Palmer failed to present evidence creating a genuine issue of material fact regarding Kuettel’s duty of care, including either a special relationship or Kuettel’s knowledge of asbestos dangers during the relevant employment period. The court did not reach the parties’ arguments concerning nonmanufacturer liability statutes.

Holdings

1. Palmer failed to present evidence from which a reasonable person could conclude that Kuettel owed Palmer a duty of care; therefore, Kuettel was entitled to summary judgment on Palmer's negligence claim.
2. Summary judgment was proper because Palmer failed to raise a genuine issue of material fact concerning an essential element of negligence, namely Kuettel's duty of care.

Questions Presented

1. Whether Kuettel owed Palmer a duty of care in connection with alleged secondary or take-home asbestos exposure.
2. Whether the evidence raised a genuine issue of material fact sufficient to defeat summary judgment on Palmer's negligence claim.
3. Whether Kuettel was subject to liability under North Dakota's nonmanufacturer-liability statute or Minnesota's nonmanufacturing-seller statute.

Disposition

affirmed