Court Vacates Verdict, Rejects 'Each and Every Exposure' Theory of Liability

DALLAS -- A Texas appellate court has vacated a $13.5 million verdict entered against Georgia-Pacific, finding that the plaintiffs had failed to establish that the defendant's joint compound product was a substantial contributing factor in the development of the decedent's mesothelioma. Georgia-Pacific Corp. v. Bostic, et al., No. 05-08-013910-CV (Texas 5th Dist. Ct. App.).

In the Aug. 26 opinion, the 5th District Court of Appeals rejected the plaintiffs' reliance on expert testimony that supported "each and every exposure" theories of liability.

The claims were brought on behalf of Timothy Bostic, who allegedly developed mesothelioma as a result of his exposure …