Texas Court Reverses $25.7 Million Verdict on Foreseeability Grounds

DALLAS -- A Texas appellate court has reversed a $25.7 million verdict and rendered judgment in favor of Alcoa, finding that the plaintiffs failed to prove that the defendant could have reasonably foreseen the dangers of take-home exposure during the time period the alleged exposure occurred. Alcoa, Inc. v. Behringer, et al., No. 05-06-00136 (Texas Ct. App., 5th Dist.).

In the July 27 opinion, the Fifth District Court of Appeals found that literature did not outline non-occupational asbestos health risks until the 1960s, and in the instant case, the plaintiff alleged that exposure occurred 10 years prior.

Barbara Behringer claimed …