The Boeing Company has defeated a lawsuit brought by the estate of a worker who was exposed to asbestos while pipe insulation containing asbestos was repaired above his workspace, even though the repairs created “visible dust and debris” and a supervisor did not allow him to relocate.

The Washington Supreme Court was sharply divided in its 5-4 ruling that the only compensation Boeing owes Gary G. Walston’s estate for his death from a rare cancer exclusively linked to the inhalation of asbestos fibers is through Washington’s no-fault workers compensation system.

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