Mavroudis v. Pittsburgh-Corning Corporation
Washington Court of Appeals
935 P.2d 684 (1997)
Michael Mavroudis worked for the Navy doing ship conversions and was exposed to three types of asbestos insulation over nearly four years, including Kaylo, made by Owens-Corning Fiberglass Corporation (OCF) (defendant). He later developed mesothelioma and died; his representative, Denise Mavroudis (plaintiff), was substituted as plaintiff and sued OCF for negligent failure to warn. At trial, an expert testified that all of Mavroudis's asbestos exposures probably contributed to his disease, that even 10 percent of his total exposure would have been enough to cause it, and that he could not isolate which exposure was the actual cause. The trial judge instructed the jury it could find causation using a substantial-factor test rather than requiring but-for causation, and the jury awarded over $1 million. OCF appealed, challenging the jury instruction.
Whether a court should apply a substantial-factor test for causation, rather than a but-for test, when there are multiple or concurrent causes of a plaintiff's injury.