Evidence of 'Frequent' Exposure Lacking in Friction Products Case, Arkansas Court Rules

LITTLE ROCK, Ark. - Evidence indicating that a one-time exposure to asbestos-containing brake products was a substantial factor in causing a man's mesothelioma falls short of elements required under frequency, regularity and proximity tests that have been established by courts around the country, the Arkansas Supreme Court has ruled. Chavers v. General Motors Corp., et al., No. 01-1410 (Ark. Sup. Ct.).

In an issue of first impression, the court on July 5 affirmed summary judgment in favor of several friction product defendants that claimed James Chavers' exposure to their products, if at all, was too circumstantial and infrequent to have …