Georgia-Pacific Corp. v. Bostic
Texas Court of Appeals
2010 Tex. App. LEXIS 7072 (2010)
Timothy Bostic worked extensively with asbestos-containing joint compound, primarily (98%) manufactured by Georgia-Pacific (defendant) between 1967 and 1977, though he also used other asbestos-containing brands; he developed mesothelioma at 40 and died the following year. His family (plaintiffs) sued Georgia-Pacific (the only defendant not settled or dismissed) for wrongful death, and at trial their causation expert testified he could not opine that Bostic's cancer would not have developed absent exposure specifically to Georgia-Pacific's product. A jury awarded the family over $13.5 million, and Georgia-Pacific appealed, challenging both exposure evidence and substantial-factor causation.
Whether, for a defendant's action to be a substantial factor in causing a plaintiff's injury, the plaintiff must also show the action was a cause in fact of the injury.