The opinion was issued July 27, 2007 the case is ALCOA v.s. Barbara and Leroy Behringer.  See, 2007 Tex. App. LEXIS 5969.  Hopefully, this case will get reversed by the Texas Supreme Court, or the U.S. Supreme Court if necessary…because to me, this ruling is assinine. 

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Even though the Plaintiffs’ firm introduced ample evidence of reports (from 1930′s), and even an internal 1948 ALCOA memo as to what ALCOA knew when on the issue of when it was generally known that non-occupational exposure to asbestos could be dangerous.  The Court of Appeals ruled that ALCOA did not owe a legal duty to protect household members against “take-home risk of asbestos exposure” until 1972 because that was the first time the risk was foreseeable.  (Due to the OSHA regs)

HOW NICE, HOW JUST, AND HOW CONVENIENT FOR THE TORT REFORM THROUGH CASE LAW

AS TO THIS DALLAS COURT OF APPEALS ONLY, GUESS ALCOA IS ONLY ON THE HOOK FOR HOUSEHOLD MESOTHELIOMAS 1972 TO 1980.     

Heartsinkingly horrible, but this is the law in Texas… 

Chapter 95.  Property Owner’s Liability For Acts Of Independent Contractors And Amount Of Recovery

95.001 Definitions

95.002 Applicability

95.003 Liability For Acts Of Independent Contractors

A property owner IS NOT liable for personal injury, death, or property damage to a contractor, subcontractor, or an employee of a contractor or subcontractor who constructs, repairs, renovates, or modifies an improvement to real property, including personal injury, death, or property damage arising from the failure to provide a safe workplace Meet Wally Sparks video unless:

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• The Class of Nuke ‘Em High 3: The Good Bad and the Subhumanoid movie

(1)  the property owner exercises or retains some control over the manner in which the work is performed, other than the right to order the work to start or stop or to inspect progress or receive reports; AND

(2)  the property owner had ACTUAL knowledge of the danger or condition resulting in the personal injury, death, or property damage and failed to adequately warn.

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*  KILL YOUR EMPLOYEES A.K.A. EXPOSE YOUR EMPLOYEES TO ASBESTOS, AND NOT WORRY AS TO THEIR RESULTING ASBESTOS-RELATED DISEASE BECAUSE OF THE NEW BORG-WARNER STANDARD OF CAUSATION THAT THE PLAINTIFF HAS TO PROVE!!!  See Borg-Warner v. Flores, No. 05-0189, 2007 WL 1650574, (Tex.  June 8, 2007).  See also, Georgia-Pacific Corp. v. Fred and Betty Stephens, No. 01-05-00132-CV, 2007 Tex. App. Lexis 5942, (Tex. App. — Houston).    

*  KILL YOUR EMPLOYEE’S WIFE BY HOUSEHOLD EXPOSURE TO ASBESTOS DUST VIA EMPLOYEE’S WORK CLOTHING RESULTING IN WIFE’S MESOTHELIOMA (AS WELL AS OTHER HOUSEHOLD FAMILY MEMBERS) BECAUSE YOU OWE THEM NO LEGAL DUTY!!!  See, Alcoa v. Barbara and Leroy Behringer, No. 05-06-00136-CV, 2007 Tex. App. Lexis 5969, (Tex. App. — Dallas). 

* THANKS TO THE TEXAS CIVIL PRACTICE & REMEDIES CODE, CHAPTER 95.003, JUST CALL YOUR EMPLOYEES INDEPENDENT CONTRACTORS, EVEN THOUGH THEY ARE NOT, AND AGAIN, NO LEGAL DUTY OWED.   

WAKE UP TEXAS!!! 

*** THIS LAW FIRM IS PAYING ATTENTION TO CURRENT EVENTS, AND WILL CONTINUE TO FIGHT FOR OUR CLIENTS AND THEIR FAMILIES.

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Friends, all I can say is that Elvis has left the building, and apparently, so has justice…  However, it is important to know the truth, and that, this firm will keep fighting for our clients.

The Court of Appeals, Fifth District, Dallas has reversed and rendered in the Barbara Behringer and Leroy Behringer case.  See cause No. 05-06-00136-CV or 2007 Tex. App. LEXIS 5969.  The Behringers filed suit claiming that their injuries resulted from ALCOA’s wrongful acts a.k.a. negligence, and the jury agreed, that Mrs. Barbara Behringer’s mesothelioma was caused by her washing her husband’s work clothes in the 1950′s that were covered in asbestos dust.  Her husband worked for ALCOA.     

(As learned in Professor Morrison’s Tort class at Baylor Law School, negligence has 4 elements which are as follows: duty, breach of duty, proximate causation, and damages.)  Professor taught foreseeability this way – if you took out a clean white sheet of paper and wrote down who could get hurt by this breached duty…whoever is on that piece of paper is foreseeable.  Well friends, Mrs. Barbara Behringer is on my paper, but apparently, this is not so with the Court of Appeals, Fifth District, Dallas.      

The Court of Appeals reasoned that Mrs. Barbara Behringer’s mesothelioma was not foreseeable to ALCOA.  And thus, since foreseeability was the foremost consideration in the legal duty analysis, held that ALCOA owed no legal duty to Mrs. Barbara Behringer.

Even though ALCOA’s actions or inactions resulted in a most painful death by mesothelioma wherein one drowns in their own lungs.  To date, mesothelioma

has no known cure.