## Facts

- Donald Anderson, an employee of Tri‑Kote, Inc., worked as a sandblaster cleaning the interiors of Marathon Petroleum Company’s oil storage tanks.
- Sandblasting inside tanks generated silicon dust; prolonged inhalation can cause silicosis, the disease from which Anderson later died.
- Anderson worked primarily on the Marathon tank work from about 1970 to 1983, sandblasting in the tanks several days per week.
- Until about 1980, Tri‑Kote allegedly provided Anderson only a “desert hood” mask lacking a fresh‑air hose, permitting dust inhalation.
- Marathon supervisors allegedly observed Anderson emerging from tanks with dust on his face and knew Tri‑Kote was using inadequate respiratory protection.
- Two other Tri‑Kote sandblasters who had previously performed similar work in Marathon tanks also died of silicosis.
- Anderson sued Marathon in tort; after Anderson’s death, his estate’s executor (LaDonna Anderson) continued the action.

## Issues

1. Whether the principal (Marathon) could be vicariously liable for the contractor’s (Tri‑Kote’s) negligence because sandblasting in tanks was an “abnormally dangerous” activity or involved a “peculiar risk” under Illinois law.
2. Whether Marathon could be directly liable for negligent hiring/retention of Tri‑Kote or for failing to act after learning of Tri‑Kote’s unsafe practices.

## Decision

- The court affirmed a directed verdict for Marathon entered after the plaintiff’s case‑in‑chief.
- The court held the evidence did not support treating the work as “abnormally dangerous” in the sense required to impose vicarious liability.
- The court held the “peculiar risk” doctrine, as applied under Illinois law, protects third parties and does not extend to employees of the independent contractor.
- The court held the record did not support negligent hiring because Marathon had no reason, at the time of selection, to suspect Tri‑Kote would use unsafe methods.
- The court declined to impose a direct duty on Marathon to intervene or police the contractor’s safety practices based on later-acquired knowledge, concluding Illinois law had not adopted that rule.

## Legal Principles

- Under Illinois law, a principal is generally not vicariously liable for the torts of an independent contractor, subject to limited exceptions.
- “Abnormally dangerous” activity liability requires an activity that remains unreasonably dangerous even when conducted with due care; work that becomes safe with standard precautions does not qualify.
- The “peculiar risk” exception does not provide an additional tort remedy to employees of the independent contractor; it is aimed at protecting third persons.
- Negligent hiring requires a basis to find the principal acted unreasonably in selecting or retaining the contractor based on information available at the time of selection/retention.
- In diversity cases applying state law, a federal court will not extend state tort doctrine absent a clear indication the state’s courts would recognize the expanded duty.

## Conclusion

The court held that, under Illinois law, Marathon was not liable to an independent contractor’s employee for silicosis caused by inadequate respiratory protection during tank sandblasting because the work was not shown to be abnormally dangerous, peculiar‑risk liability did not extend to contractor employees, and the evidence did not establish a recognized theory of direct negligence against the principal.


Anderson v. Marathon Petroleum Co., 801 F.2d 936 (7th Cir. 1986)