Texas High Court Hears Oral Arguments in Asbestos Causation Dispute

AUSTIN, Texas -- The Texas Supreme Court held oral arguments on Sept. 29 in the review of a $150,000 asbestos verdict which defendant Borg-Warner Corp. says is an example of inconsistent causation standards established by Texas courts. Borg-Warner Corp. v. Arturo Flores, No. 05-0189 (Texas Sup. Ct.).

The dispute arises our of a jury's decision to award Arturo Flores $150,000 for injuries arising from exposure to asbestos-containing brake pads manufactured by Borg-Warner. The jury found that Borg-Warner acted negligently and with malice and additionally found the company liable for strict liability.

In December 2004, the Texas 13th District Court of …