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BORG-WARNER CORP. v. FLORES

No. 05-0189.

232 S.W.3d 765 (2007)

BORG-WARNER CORPORATION, now known as Burns International Services Corporation, Petitioner, v. Arturo FLORES, Respondent.

Supreme Court of Texas.

Decided June 8, 2007.

Rehearing Denied October 12, 2007.

Attorney(s) appearing for the Case

Deborah G. Hankinson, Elana S. Einhorn, Law Offices of Deborah Hankinson PC, Elizabeth L. Phifer, Smith Underwood & Perkins, P.C., Dallas, Rene Luis Obregon, Corpus Christi, for Petitioner.

Scott W. Wert, Foster & Sear LLP, Arlington, Brent M. Rosenthal, Misty Ann Farris, Kevin Duane McHargue, Baron & Budd, P.C., Dallas, for Respondent.

Joe R. Greenhill, Baker Botts LLP, Austin, David A. Oliver Jr., Porter & Hedges, L.L.P., Reagan W. Simpson, King & Spalding LLP, Sandra Thourot Krider, Edwards Burns & Krider LLP, David A. Chaumette, Shook, Hardy & Bacon, L.L.P., Houston, for Amicus Curiae.

Chief Justice JEFFERSON delivered the opinion of the Court.

Nearly ten years ago, we observed that asbestos litigation had reached maturity. In re Ethyl Corp., 975 S.W.2d 606, 610 (Tex.1998). Even mature claims evolve, however, and courts have continued to struggle with the appropriate parameters for lawsuits alleging asbestos-related injuries.1 While science has confirmed the

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