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Borg-Warner Corp. v. Flores

ELR Citation: 37 ELR 20137
Nos. No. 05-0189, (Tex., 06/08/2007)

The Supreme Court of Texas dismissed a brake mechanic's negligence claim against his former employer for asbestos-related injuries. A plaintiff must prove that the defendant's product was a substantial factor in causing the alleged harm. Here, the mechanic's expert testified that brake mechanics could be exposed to "some" respirable fibers when grinding pads or blowing out housings, and the mechanic testified that the grinding generated dust. Without more, the court does not know the contents of that dust, including the approximate quantum of fibers to which the mechanic was exposed. The evidence of causation in this case, therefore, was legally insufficient.