In a recent decision, the Texas Fourteenth Court of Appeals has significantly altered the course of a multi-district litigation asbestos case. The trial court ruling had dismissed a wrongful-death claim which was linked to asbestosis. However, in an unexpected move that has been described as “first impression”, the appeals court overturned this decision, effectively lowering the plaintiffs’ burden of proof. Notably, this reversal was one that the trial court has hoped for.
Justice Randy Wilson oversaw the proceedings of this pivotal case. The claim was initially presented before Harris County 11th District Court Judge Mark Davidson, who holds the title of the multi-district litigation jurist for asbestos lawsuits.
The case in question revolves around the tragic demise of Carolyn Burford in 2015. Her husband, Frank Burford, had worked as an aluminum smelter at an Alcoa plant in Rockdale. The claim alleges that Carolyn fell victim to asbestosis because of washing her husband’s work clothes, which were contaminated with asbestos, for over upto 25 years. The reversal of the previous ruling has breathed new life into this case.
As this case further unfolds, it’s likely to set a precedent for similar lawsuits in the future, providing a baseline for the burden of evidence required by plaintiffs. For more detailed updates, you can follow the case, and others like it, on Law.com.