Contributor Highlights

Deborah St. Lawrence Thompson

Asbestos, Smoking and Lung Cancer: Valuing the Venue and Verdict

In recent years, courts across the country have seen an increase in lung cancer cases based on alleged asbestos exposure. Many of these cases involve plaintiffs with significant histories of smoking tobacco. Despite this common sense alternative causation, courts vary widely on the impact of this factual scenario depending on the jurisdiction’s utilization of comparative or contributory negligence, recognition of a claim of strict liability, and method of apportionment of damages. Consideration of these factors is essential to evaluate the defense of a case and the potential financial impact of an adverse verdict.