Representative Matter

Supreme Court of Virginia sets new standard for proximate causation in toxic tort cases

Ford Motor Co. v. Boomer, 285 Va. 141, 736 S.E.2d 724 (2013). The Supreme Court of Virginia agreed that the trial court erred in its instructions to the jury on the issue of causation, in a case of first impression. The appropriate causation standard for a mesothelioma case in Virginia is whether exposure to the defendant’s product alone was “sufficient to have caused the harm.” This ruling led a victory in the retrial.