Fla. Supreme Court Reverses Order Vacating $6.6 Million Judgment in Asbestos Case; Rejects Application of Third Restatement

TALLAHASSEE, Fla. –– The Florida Supreme Court has reinstated a $6.6 million judgment entered against Union Carbide in an asbestos case, rejecting an intermediate appellate court’s finding that the plaintiffs were required to present evidence of a reasonable alternative product design under the Third Restatement.

In a 68-page opinion released Oct. 29, the state high court ruled 5-2 that the Second Restatement “is more closely aligned with the public reasons behind Florida’s adoption of strict liability in products design cases.”

Plaintiff William P. Aubin brought the claims, contending that he developed peritoneal mesothelioma as a result of exposure to asbestos-containing …