Texas Appellate Court: Borg-Warner Applies to Mesothelioma Cases

FORT WORTH, Texas -- An intermediate appellate court in Texas has declined to limit the state's dose quantification standard to asbestosis cases, finding that the high court intended for its ruling to apply to any cases in which the plaintiffs allege exposure to an asbestos-containing product. Smith, et al. v. Kelly-Moore Paint Co., No. 2-08-198-CV (Texas Second Dist. Ct. App.).

In the Feb. 25 opinion, the Texas Second District Court of Appeal further found that the underlying plaintiffs could not satisfy the Borg-Warner standards, as they failed to present scientific evidence that a minimum exposure level to chrysotile-only asbestos led …