This section contains the nature of the case and procedural background.

P’s husband worked as a maintenance technician for E.I. (D) with and around products containing asbestos. He transported asbestos fibers home on his clothing, vehicle, and skin. P alleges that years of living with her husband, and handling and washing his work clothes, exposed her to the fibers. P now suffers from bilateral interstitial fibrosis and bilateral pleural thickening of the lungs. These maladies, it is claimed, present directly from her exposure to the asbestos dust and fibers her husband brought home from work. P motioned to file an amended complaint to state a cause of action for malfeasance. D contends that the amended complaint alleges nonfeasance-not misfeasance. In order to recover for nonfeasance, a plaintiff must specifically allege a 'special relationship' between herself and D. Having not alleged any 'special relationship' in this case, DuPont argues, P's amendments are futile because they fail to state a claim as a matter of law. P’s motion was denied, and P appealed.

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