By Chandria T. Jackson
7/20/2007

“Defendant-specific evidence relating to the approximate dose to which the plaintiff was exposed, coupled with evidence that the dose was a substantial factor in causing the asbestos-related disease” is the causation standard. Borg-Warner, Cause No. 05-0189, 2007 WL 1650574 at *7 (Tex. June 8, 2007).

In Borg-Warner v. Flores, the Texas Supreme Court pronounced the above concise causation standard for Texas asbestos claimants. On July 18, 2007, Judge Davidson, the administrative judge presiding over the Texas Multidistrict Litigation pretrial court in the 11th District Court in Harris County, Texas, issued his first opinion interpreting this standard. Judge Davidson’s rulings were issued in three motions for summary judgment involving plaintiffs diagnosed with mesothelioma, who were somewhat representative of the spectrum of exposure and claims which his court may evaluate in the future.

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