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.

Contact Us

If you have any questions, you can call us at (512) 246-9191.

Tags:

What Our Clients Say

suffered a fall at a local Austin restaurant that resulted in serious injury requiring surgery. I believed the restaurant to be at fault for not adequately marking a hidden stairway. Andrew was engaged to handle my case. I found him, at all times, to be prepared and more than competent. He kept me informed on the status of my case, but more importantly, prepared well me for the the activities that would require my participation... namely the process of taking depositions. He was there during the mediation negotiations and in the end I received an out of court settlement that I believed to fair and adequate. I would recommend Andrew without hesitation. I for one am a very satisfied customer.

5/ 5
Daniel K.

Contact Us

Contact Us
First
Last
Enter Email
Confirm Email
Please let us know what's on your mind. Have a question for us? Ask away.
Back To Top