Texas Court: Evidence of Exposure to 'Some' Respirable Fibers Insufficient

AUSTIN, Texas -- The Texas Supreme Court has reversed a $150,000 verdict, opining that the plaintiff failed to show that his exposure to respirable asbestos fibers generated from brake pads were a substantial contributing factor in his development of asbestosis. Borg-Warner Corp. v. Flores, No. 05-0189 (Texas Sup. Ct.).

In the June 8 opinion, the high court opined that without any evidence of dose, the jury was unable to evaluate the quantity of respirable asbestos exposure and whether that quantity was sufficient to cause Arturo Flores' asbestosis. Because the court found the causation proffered by the plaintiff to be legally …