Borel v. Fibreboard Paper Products Corp.
United States Court of Appeals for the Fifth Circuit
493 F.2d 1076 (1973)
- Written by Tanya Munson, JD
Facts
Clarence Borel (plaintiff) was an industrial-insulation worker for 30 years. Borel alleged that he contracted the diseases of asbestosis and mesothelioma from exposure to products produced by Fibreboard and several other companies (defendants). Borel died of mesothelioma before the case went to trial. Borel alleged that Fibreboard’s and the others’ products were unreasonably dangerous because Fibreboard failed to give adequate warning of the dangers involved with their asbestos products. The dangers of asbestos were widely recognized as early as the 1930s, and it was well known that inhaling asbestos dust caused asbestosis. Fibreboard and the other companies did not test their products to determine their effects on industrial-insulation workers. It was established at trial that asbestosis can manifest anywhere between less than five or more than 20 years after exposure. It was also established that asbestos exposure is cumulative, with each exposure potentially resulting in an additional and separate injury. Borel was exposed to asbestos products manufactured by Fibreboard and other companies on countless occasions during his career. The jury found that Fibreboard and the others were strictly liable. Fibreboard and the others appealed.
Rule of Law
Issue
Holding and Reasoning (Wisdom, J.)
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