Virginia Supreme Court Reverses Asbestos Verdict, Rejects use of ‘Substantial Factor’ in Jury Instructions

RICHMOND, Va. –– The Virginia Supreme Court has reversed an asbestos verdict in favor of the family of a former state trooper, ruling that the trial court erred when it issued jury instructions including both a substantial factor and proximate cause instruction.

In the Jan. 10 order, the high court agreed with defendants Honeywell International Inc., successor-in-interest to Bendix (NYSE:HON), and Ford Motor Co. (NYSE:F), that the trial court’s use of the term “substantial contributing factor” could have confused jurors, as the term could be interpreted as a lowering or elevating the threshold of proof.

The plaintiffs asserted the …