EVERETT, WA/August 27/--A Washington State Court of Appeals set an important precedent recently in an asbestos case against Kimberly-Clark when it ruled that the employer had a duty to protect a worker's family as well as the worker against injury from "an unreasonable risk of harm it had itself created", overturning a previous ruling of a Snohomish County judge who found that the duty to foresee the dangers of asbestos did not extend to the worker's family members. The Appeals Court ruling gives hope to hundreds of family members of asbestos workers who have suffered harm from exposure to deadly asbestos fibers brought home on the workers' clothing; they now have the right to file suit and have their cases heard by a jury. According to statistics compiled by the EWG Action Fund analysis of Government Death Data, Washington state ranks 8th for highest number of mesothelioma deaths in the country.

The Appeals Court ruling was particularly good news for Larry Rochon, who brought the underlying action for negligence against Kimberly-Clark on behalf of his wife Adeline Rochon, who was diagnosed with mesothelioma in 2004 and died in May 2006. Rochon alleges that his wife's illness was caused by her exposure to asbestos fibers he brought home with him from his job at the Scott Paper Company. Rochon worked at the Everett paper mill for nine years in the 1950's, during which time he helped pipefitters on lines insulated with asbestos and worked on rigging cranes hauling rolls of paper, also around asbestos. According to Rochon, his wife regularly washed and shook out his clothing which was full of asbestos dust he unwittingly brought home with him from work. Kimberly-Clark purchased the Scott Paper Co. in 1996 and has thereby assumed its legal responsibilities. It is not known at this time whether Kimberly-Clark plans to appeal this decision to the state Supreme Court.

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