Court: Preclusion of Failure to Warn Claim Erroneous, New Trial Ordered

WEST PALM BEACH, Fla. - A Florida appeal court has ordered a new trial on a couple's failure to warn claim against Union Carbide, finding that the plaintiffs' case is based on products liability and that Florida law acknowledges the dangers of asbestos. McConnell, et al. v. Union Carbide Corp. No. 4D04-4329 (Fla. 4th Dist. Ct. App.)

On June 28, Florida's 4th District Court of Appeal reversed the decision of the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, that precluded a jury from discussing William and Elizabeth McConnell's failure to warn claim against Union Carbide.

The …