Estate of Strametz v. Spectrum Motorwerks, Inc.

On the basis of the judicially-created “last injurious exposure rule,” the majority holds employer responsible for *78the decedent’s occupational disease when the medical evidence is uncontroverted that it was medically impossible for the exposure to asbestos at employer’s workplace to have actually contributed to the cause of decedent’s disease. The majority’s application of the rule to the facts of this case is misplaced, and, for reasons that will become apparent, works an unjust result on employer.

I. IT IS MEDICALLY IMPOSSIBLE FOR EMPLOYER’S WORK ENVIRONMENT TO HAVE CONTRIBUTED TO THE CAUSE…