PSI Energy, Inc. v. Roberts

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 49A02-0210-CV-888.

BOEHM, Justice.

William Roberts contracted mesothelio-ma as a result of his work with asbestos-containing insulation as an employee of Armstrong Contracting and Supply Company (ACandS). Much of his work over a thirty-nine year career was at power generation facilities of PSI Energy, Inc. Roberts sued PSI and others on both vicarious liability and premises Hability theories. A jury found PSI thirteen percent at fault without specifying which theory supported that result.

We hold that PSI is not vicariously liable…