Plaintiff Asks for Rehearing in Texas Court Admissibility Decision

AUSTIN, Texas -- An asbestos plaintiff has asked the Texas Supreme Court to rehear its decision to reverse a $150,000 verdict, in which it opined that the plaintiff failed to show that his exposure to respirable asbestos fibers generated from brake pads was 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 …