Split Court Revives Intentional Tort Claim Against Employer for Asbestos-Related Death

A divided Connecticut Appellate Court revived a tort claim against an employer for a worker’s asbestos-related death, finding the executrix of his estate raised a triable question as to whether the company's conduct met the substantial certainty exception to the exclusivity provision of the Workers’ Compensation Act. Harold Dusto worked for Rogers Corp., an asbestos product manufacturer, from 1970 through 2002. Throughout his employment at Rogers, Dusto was allegedly exposed to dust and particles of asbestos fibers from materials supplied to Rogers by Special El...