California Asbestos Verdict Reversed; Wrong State’s Laws Were Used
A California appeals court has reversed a $5.5 million verdict awarded to the family of a pipefitter who died of mesothelioma, according to a report in Legal Newsline. The appeals court ruled that the trial judge improperly instructed jurors to apply California’s standard of proof in asbestos cases when they should have used the stricter Michigan standard.
Under California law, plaintiffs merely have to show exposure to a defendant’s products increased the risk of asbestos-related disease, while in Michigan they must prove exposure was a substantial factor in causing the disease.