Arizona Supreme Court
Ernest v. Quiroz and Mary Quiroz, Husband and Wife, Plaintiffs/appellants, v. Alcoa Inc., Defendants/appellees.
May 11, 2018416 P.3d 824
Summary
The court held that an employer using asbestos before 1970 owed no duty to protect the public from take-home asbestos exposure through an employee's contaminated work clothing. Arizona duty is determined by recognized special relationships or public policy, not foreseeability or the risk-creation framework of the Third Restatement, and the plaintiffs identified neither a qualifying relationship nor a valid public-policy basis. The court vacated the court of appeals' opinion but affirmed summary judgment for the employer.