Sharon Weatherly v. Eastman Chemical Company

The plaintiff brought an action seeking damages for diminution of real property value,
alleging that the defendant’s steam pipe exploded, causing toxic debris, including asbestos,
to fall on the plaintiff’s real property. The plaintiff’s claims included strict liability for
ultra-hazardous activity, ordinary negligence, negligence per se, public nuisance, trespass,
continuing private nuisance, and medical monitoring. The trial court dismissed the entire
amended complaint without prejudice pursuant to Tennessee Rule of Civil Procedure
12.02(6) after finding that the plaintiff failed to comply with the Tennessee Asbestos
Claims Priorities Act. The trial court also dismissed the claims for strict liability,
negligence per se, trespass, and medical monitoring with prejudice. Upon review, we
affirm the trial court’s dismissal of the entire complaint without prejudice, as well as the
dismissal of the plaintiff’s negligence per se, trespass, and medical monitoring claims with
prejudice. We reverse the trial court’s dismissal of the strict liability claim with prejudice.