Asbestos Claims Bar Raised by Texas Supreme Court

Asbestos litigation in Texas just became a lot harder. The Texas Supreme Court recently overturned a Corpus Christi mechanic’s $169,000 damage award because he failed to quantify how much asbestos had been inhaled on the job.

Arturo Flores, working as a mechanic for more than 30 years, was exposed to asbestos every time he ground brake pads (the pads contained anywhere from 7 to 28 percent asbestos). He developed asbestosis, an incurable and debilitating lung condition.

On appeal, Borg-Warner, who lost at trial, claimed that Mr. Flores could not quantify how much asbestos he had inhaled and how much was from their brakes. The court reasoned that Mr. Flores did not show how much asbestos could have been inhaled or whether the amounts were sufficient to cause asbestosis.

Since the testing required to prove this new, higher standard is expensive, victims will now have a much harder time winning in court.

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While most of our clients hail from Austin, Round Rock, Cedar Park, Georgetown, and Pflugerville in Travis and Williamson Counties, we have also worked with clients in Dallas, Houston, and San Antonio. Other clients have come from Lakeway, Jollyville, Anderson Mill, Kyle, and Leander. If your accident was in Texas, we can help you. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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