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

(October 30, 2015, 1:38 PM EDT) -- 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.).

(Opinion available. Document #01-151104-016Z.)

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...
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