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Can you hear the gnashing or grinding of teeth (similar to the grinding of brake pads), pulling of hair, and the wailing this monday morning? 

Well, I do.

This is due to the Texas Supreme Court’s decision in Borg-Warner Corp. v.s. Flores which was just published friday June 8, 2007. 

The issue presented to the court was whether a person’s exposure to “some” respirable fibers is sufficient to show that a product containing asbestos was a substantial factor in causing asbestosis.  The Court held that it was not.

Apparently, a Plaintiff must now offer evidence of the contents of the dust to which Plaintiff was exposed including the approximate quantum of fibers to which Plaintiff was exposed, or else Plaintiff ’s causation evidence is legally insufficient.

Plaintiff in this case was a retired brake mechanic with Sears from 1966 until 2001, and had developed asbestosis.  Plaintiff had replaced brake pads his entire career, usually around twenty brake jobs a week, and some of those brake pads were Borg-Warner from 1972-1975. 

However, because Plaintiff did not have evidence of the specific amount of asbestos dust, to include the quantity of respirable asbestos fibers, from the Borg-Warner brake pads the Texas Supreme Court held Plaintiff’s causation legally insufficient.

The Court stated that it has not adopted the Lohrmann test.

Looks as if Plaintiffs will now have to hire more experts and spend more money to prove the approximate quantity of respirable asbestos fibers from each of defendants products that Plaintiffs were exposed to or else Plaintiffs have not proved their case as to causation!?!    

   

 

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Mesothelioma is a rare cancer linked to past asbestos exposure.  There is a latency period involved which varies, be sure to inform your doctors of any asbestos exposure that you have had in the past.    

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