$6.6 Million Asbestos Award Reinstated by the Florida Supreme Court

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Helen Jones
Executive Vice President 

On October 29, 2015, the Florida Supreme Court reinstated a 2010 judgment in favor of plaintiff William Aubin, which awarded the former construction supervisor $6.6 million in damages. Aubin claimed that he contracted mesothelioma due to exposure to joint compounds and texturing sprays that contained SG-210 Calidria asbestos.

In 2012 the Third District Court of Appeal reversed the lower court’s decision holding that the trial court used improper legal precedent and that defendant Union Carbide’s practices were not the cause of plaintiff’s injuries However, the Florida Supreme Court overturned the Court of Appeal, holding the decision would be contradictory to Florida state law precedent. Also, the majority for the Supreme Court held the standard, which the Third District adopted, that would place an unnecessarily high burden on the plaintiff in product liability cases.

The case drew in many high profile amicus briefs from organizations such as the U.S. Chamber of Commerce and Pharmaceutical Research and Manufacturers of America.

The case is: William P. Aubin v. Union Carbide Corporation, Florida Supreme Court, No. SC12-2075

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