Florida Top Court Affirms Consumer Expectations Test In Reinstating $6.6M Verdict

(November 19, 2015, 11:38 AM EST) -- MIAMI — Longstanding Florida precedent recognizes the consumer expectation test and failure-to-warn claims did not require instructing the jury on the learned intermediary doctrine, the state’s top court held in rejecting the Restatement (Third) of Torts and reinstating a $6.6 million asbestos verdict on Oct. 29 (William P. Aubin v. Union Carbide Corp., No. SC12-2075, Fla. Sup.).

William Aubin sued numerous companies in the Miami-Dade County Circuit Court, alleging that their conduct exposed him to asbestos. Aubin alleged that the exposure caused him to contract mesothelioma....
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