Aubin v. Union Carbide Corp.

177 So. 3d 489 (2015)

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Aubin v. Union Carbide Corp.

Florida Supreme Court
177 So. 3d 489 (2015)

  • Written by Liz Nakamura, JD

Facts

William Aubin (plaintiff), a construction supervisor, was unwittingly exposed to asbestos while using drywall joint compounds and ceiling texture sprays manufactured by Union Carbide Corporation (Union Carbide) (defendant). As a result, Aubin contracted malignant peritoneal mesothelioma, a terminal, incurable cancer. Aubin filed a strict-products-liability claim against Union Carbide, arguing that Union Carbide’s products were unreasonably dangerous as designed. After a jury trial, the trial court found Union Carbide liable and awarded Aubin approximately $14.2 million in damages. On appeal, the appellate court reversed, holding that the trial court had erred by applying the consumer-expectations test from the Restatement (Second) of Torts: Products Liability (the Second Restatement) instead of the risk-utility balancing test from the Restatement (Third) of Torts: Products Liability (the Third Restatement). Aubin appealed.

Rule of Law

Issue

Holding and Reasoning (Pariente, J.)

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