PLL #23: Texas Supreme Court Increases Plaintiff's Causation Burden in Toxic Tort Case

December 19, 2007 Advisory

The Texas Supreme Court recently issued a significant decision concerning a plaintiff's burden when attempting to prove causation in a toxic tort case.
Borg-Warner Corp. v. Flores concerned a retired automobile mechanic who had repaired and replaced brakes for more than 35 years. Flores claimed that he suffered from asbestosis as a result of extensive inhalation of asbestos fibers over many years. He sued Borg-Warner and several other manufacturers of brake parts allegedly containing asbestos to which he was exposed. At trial he presented evidence indicating that he had used Borg-Warner disk brakes on about 1000 to 1400 brake repair jobs over a three-year period in the early 1970s.