Find Your Next Job! On July 6, , in Schwartz v. Accuratus Corporation , No. A, the New Jersey Supreme Court held that individuals other than spouses exposed to take-home toxins may pursue claims against landowners. This case on appeal from the Third Circuit involved the diagnosis of Brenda Ann Schwartz with chronic beryllium disease BCD , which is caused by exposure to beryllium.
Brenda and her husband, Paul, filed a complaint raising claims of negligence, product liability and strict liability against defendant Accuratus Ceramic Corporation Accuratus , a ceramics facility where Paul worked in and In , Paul began sharing an apartment with an Accuratus co-worker Gregory Altemose. At the time, Paul and Brenda were dating and Brenda frequently visited and stayed overnight at the apartment, where she performed chores, including laundry.
After the couple married in June , Brenda and Paul resided in the apartment, where Altemose also continued to live.
Owens-Illinois, Inc. The plaintiff filed a Notice of Appeal with the Third Circuit Court of Appeals as the matter, which was initially filed in state court, was removed to the U. District Court. Accordingly, the Court held that the duty of care recognized in Olivo may extend, in appropriate circumstances, to a plaintiff who is not a spouse and that an assessment should take into account a weighing of the above factors to determine whether the foreseeability, fairness and predictability concerns should lead to the conclusion that a duty of care should be recognized under common law.
The fallout from Schwartz is that defendant landowners will now have more difficulty in securing early dismissals of claims filed by non-spouses. Thanks to Schwartz , defendant landowners will be barred from filing Motions to Dismiss based upon marital status alone at the start of the litigation since the question of liability to a non-spouse is no longer a question of law but a fact question for which discovery is needed.
