November 28th, 2007

A judgment issued in a Texas asbestos case has been overturned this week by the Texas Supreme Court. The Supreme Court stated that the man involved could not prove that asbestos was completely at fault for his illnesses.

A Texas mechanic that had filed suit regarding asbestos exposure will not receive a $169,000 judgment that he had been awarded by an appeals court. The Texas Supreme Court ruled that the judgment, in the amount of $169,000 was not warranted since the victim could not prove that his respiratory illness was the result of asbestos exposure only. The mechanic had sued four brake pad manufacturers regarding his illness, called asbestosis, stating that working with the brake pads for 30 years was the cause of his disease. Three of the companies settled out of court, while one chose to contest it.

With asbestos lawsuits, including suits regarding asbestosis and mesothelioma, specific steps need to be taken to show that asbestos was the cause of the illness. The victim had also been a longtime smoker, which, though it will not cause asbestos-related diseases, can increase the chances of contracting one. Medical testing can reveal if asbestos was the only factor in mesothelioma and asbestosis, and the victim had not completed those tests.