KNOXVILLE, Tenn. (Legal Newsline) - A Tennessee woman's lawsuit over an explosion of an Eastman Chemical Company steam pipe has failed, as an appeals court has ruled that it is basically an asbestos case.
And since it is an asbestos case, plaintiff Sharon Weatherly needed to prove bodily injury, which she did not allege. The Tennessee Court of Appeals on Aug. 7 rejected her argument that her lawsuit is strictly brought for the loss of value to her property.
But the complaint mentioned asbestos 18 times and referred to possible adverse health effects from exposure, leaving it subject to the Tennessee Asbestos Claims Priorities Act, the ruling said.
Weatherly sued last year two weeks after an explosion in Kingsport. Asbestos was found in trace amounts of what was released from Eastman's steam line failure, which also caused debris to fall in Eastman's neighborhood.
Weatherly's lawsuit alleged, among other claims, public nuisance and trespass, while also making a claim for medical monitoring. It said as a result of the explosion, the value of her residence and her neighbors' were "negatively affected."
Eastman countered the lawsuit with an argument that the claims in her complaint arise out of and relate to the fear of exposure to asbestos. Certain procedural requirements need to be met in Tennessee asbestos lawsuits and a physical impairment must be alleged.
The Court of Appeals agreed with Eastman, affirming a trial court's ruling dismissing the case.
"Although plaintiff characterizes her claims as solely based on the alleged diminution in value of her real property, that is simply not the case," the ruling says.
"Many of Plaintiff's claims allege concerns related to a risk or hazard to Plaintiff's health... To the extent that Plaintiff makes claims for alleged reputational damage to her real property, the 'risk or fear of disease' from exposure to asbestos is at the core of those claims."
Some claims were dismissed without prejudice, meaning Weatherly could try to re-file them.