Plaintiffs: Borg-Warner Wrongfully Applies to their Mesothelioma Claims

FORT WORTH, Texas -- Plaintiffs in a Texas asbestos case have appealed the dismissal of two defendants who cited Borg-Warner admissibility standards in their motions for summary judgment, arguing that Borg-Warner did not create an "absolute requirement in every asbestos case that plaintiff product quantitative evidence of 'dose' to each defendant's product." Smith, et al. v. Bondex International Inc., et al., No. 02-08-00198-CV (Texas 2nd Dist. Ct. App.).

In the appeal, currently pending in the Second District Court of Appeals, the plaintiffs additionally argue that Borg-Warner is not applicable in mesothelioma cases since the facts in that case involved allegations …