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Anderson v. Marathon Petroleum Co. | 801 F.2d 936 (1986)

If a principal hires an independent contractor, can the principal become liable if the contractor acts negligently toward its own employees? The Seventh Circuit considered that question in Anderson versus Marathon Petroleum Corporation.

Tri-Kote, Incorporated contracted to clean the inside of Marathon’s oil storage tanks by sandblasting. Tri-Kote employed Donald Anderson as a sandblaster for 13 years.

Sandblasting in a confined space creates clouds of silicon dust. If someone inhales silicon dust over time, it causes silicosis, a serious lung disease. Through most of Anderson’s employment, Tri-Kote provided him only a desert hood with a wire mesh in front of his nose and mouth. Dust could easily get through the mesh. Marathon supervisory personnel knew that Tri-Kote supplied only the desert hood, saw his face covered in dust after sandblasting, and knew that the mask didn’t adequately protect against inhaling silicon dust. But Marathon didn’t act to protect Anderson or get Tri-Kote to protect him.

Anderson sued Marathon in federal court for failing to protect Anderson. After a trial, the district court found that Marathon didn’t owe Anderson any duty of care and granted Marathon a directed verdict. Anderson appealed to the Seventh Circuit. Anderson died of his silicosis while his appeal was pending, and LaDonna Anderson, his widow and executor of his estate, substituted in.

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