Fla. Court Reverses Defense Verdict for Union Carbide in Asbestos Case, Cites Aubin

MIAMI –– A Florida appellate court has reversed a judgment entered in favor of Union Carbide in an asbestos case, finding that a decision by the state’s highest court mandates that the plaintiff be allowed to employ both the consumer expectations test and the risk utility test as alternative definitions of design defect.

In a July 27 opinion, the Florida Third District Court of Appeal found that Union Carbide had not presented any evidence to distinguish the underlying case from one in which the Florida Supreme Court found that such a jury instruction was permitted.

As such, the appellate court …