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.Â
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.    Â