CC brief 3

CC brief 3 - Clarence Borel, Plaintiff-Appellee v....

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“Clarence Borel, Plaintiff-Appellee v. Fibreboard Paper Products Corporation et al., Defendants-Appellants, National Surety Corporation, Intervenor Appellee.” No. 72-1492 (1973). Lexis Nexis Academic Legal Research. Web. 1 March, 2010 The main problem that this article addresses is the issue of product liability within industrial insulation material. An industrial insulation worker sued manufacturers of insulation materials containing asbestos because the manufacturer failed to warn of the dangers associated with asbestos. The plaintiff, Clarence Borel, suffered diseases of asbestosis and mesothelioma because of his extensive exposure to asbestos products from the manufacturer over a thirty-three year period. The biggest contribution of this case is that the jury’s verdict was in favor of the plaintiff, Borel, on the basis of strict product liability. Although Borel said that he had known for many years throughout his career that inhaling asbestos was bad for him, he never realized the gravity of the situation - that it could in fact lead to terminal illness. Borel was diagnosed with pulmonary asbestosis, and was sent home from work. Months later, as the condition worsened, he got his right lung removed where doctors found him to have mesothelioma, which had been caused by asbestosis. The jury decided that it was the responsibility of the manufacturers to warn the consumers of the effects of asbestos in their products so as to prevent similar cases like this. The main arguments for this case are that the defendant, the manufacturer, should have
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This note was uploaded on 11/20/2011 for the course COMS 226 taught by Professor Chrisskiles during the Winter '10 term at Cal Poly.

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CC brief 3 - Clarence Borel, Plaintiff-Appellee v....

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