Dekens v. Underwriters Laboratories Inc.

Opinion

FYBEL, J.

When Raymond Dekens died in 1999, he was suffering from cancer caused by exposure to asbestos. His heirs (plaintiffs) sued Underwriters Laboratories Inc. (U.L.) for wrongful death. They alleged that by testing small appliances and certifying them as safe, U.L. had undertaken to guarantee Mr. Dekens’s safety from illness resulting from his exposure to asbestos while repairing those small appliances. The trial court granted U.L.’s motion for summary judgment.

Under the negligent undertaking doctrine (also known as the Good Samaritan doctrine), a defendant may be liable when it…