Aubin v. Union Carbide Corp.Annotate this Case
After Plaintiff contracted peritoneal mesothelioma, he sued Union Carbide Corporation (Defendant), claiming that his disease was caused by his exposure to an asbestos product designed and manufactured by Defendant. The jury returned a verdict for Plaintiff, finding that Defendant was liable for Plaintiff’s damages, in part, under theories of negligence and strict liability defective design and failure to warn. The Third District Court of Appeal reversed. The Supreme Court quashed the Third District’s decision and remanded to the Third District with directions that the judgment be reinstated, holding (1) the Third District improperly applied the Restatement (Third) of Torts to Plaintiff’s strict liability defective design claim; and (2) the Third District improperly reversed the judgment for the failure to warn claim based on the trial court’s failure to instruct the jury on the learned intermediary defense.