Oddone v. Superior Court (Technicolor, Inc.) (Torts)
Filed November 24, 2009, Second District, Div. Eight
Cite as B213784

Claims for Secondary Chemical Exposure not Recoverable

James Oddone (Oddone) was an employee of Technicolor, Inc. (Technicolor). Throughout his employment, he had suffered from dermatitis and rashes due to his exposure to toxic chemicals.

Oddone eventually died from brain tumor. Consequently, Geraldine, Oddone’s wife, filed an action against Technicolor.

The action alleged that Oddone’s brain tumor was caused by his exposure to toxic chemicals while employed at Technicolor. Geraldine alleged that Oddone brought home toxic vapors and chemicals on his clothing and person. Hence, she was also exposed to these toxic substances causing her to suffer secondary chemical exposure.

Geraldine amended her complaint including that Technicolor had the duty to warn Oddone of the dangerous condition on its premises.

Technicolor moved for demurrer which the trial court sustained. The court ruled that Technicolor did not owe a duty of care to Geraldine.

On appeal, the California Appeal Court ruled that Technicolor did not owe a duty of care to Geraldine for her alleged exposure to toxic vapors brought home by her husband. This was because there was no close connection between Technicolor’s conduct and Geraldine’s claimed injury.

Moreover, the trial court did not erred in sustaining Technicolor’s demurrer without leave to amend because the second complaint was weaker than the first.