PSI Energy v. Roberts Mesothelioma Case: Analysis of Restatement (Second) of Torts

Read the Opinion in PSI Energy v. Roberts, in which the Restatement of Torts (Second) is discussed. Roberts, an insulator by trade, was exposed to asbestos in his workplace, and was ultimately diagnosed with mesothelioma.

As noted above, a condition of liability under Section 343(b) of the Restatement (Second) of Torts is that the landowner “should expect that [the invitees] will not discover or realize the danger, or will fail to protect themselves against it.” (emphasis added).

Thus, a condition of liability is that PSI “should [have] expect[ed] that [Roberts] [would] not discover or realize the danger” or “should [have] expect[ed] that [Roberts] . . . [would] fail to protect [himself] against it.”

Roberts argues that the trial court properly denied the motion for judgment on the evidence because PSI had actual knowledge that Roberts was failing to protect himself from the dangers of the asbestos.

PSI’s corporate representative, Hank Hammond, testified that he frequently saw ACandS’s insulators performing work at the PSI plants in the 1960’s and 1970’s. He never saw the ACandS employees taking any precautions to protect themselves from breathing the asbestos insulation.

Hammond also recalled occasions where senior members of PSI’s management were present while contractors from ACandS did insulation work.

Consequently, the jury was presented with sufficient evidence to demonstrate that PSI should have expected that Roberts would fail to protect himself against the dangers.

Because PSI does not contest the trial court’s denial of the motion for judgment on the evidence based upon Section 343(a) or 343(c) of the Restatement, sufficient evidence was presented to establish liability under Section 343.

Courtesy of the Indiana Court of Appeals and the State of Indiana

Other helpful links:

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