Appellate Court Says Asbestosis Plaintiff Failed to Show Probable Cause

FRANKFORT, Ky. - An appellate court has affirmed awards of summary judgment for three asbestos defendants, stating that plaintiff's exposure claims were based on 'speculation and possibilities rather than probabilities.' Farmer v. Viacom Inc., et al., No. 2005-CA-544-MR (Ky. Ct. App.).

In a Nov. 17 opinion, the Kentucky Court of Appeals said it was unable to find any evidence that would indicate, or permit a reasonable inference, that the actions of any of the three defendants were a substantial factor in causing plaintiff Solon Farmer's asbestosis.

According to the opinion, Kentucky courts have adopted the legal causation standard set forth …