The Florida Supreme Court recently reinstated a $6.6 million jury verdict in Union Carbid v. Aubin that rejected the Third District Court of Appeal's application of the "risk utility test" for design defect claims. The ruling adds a burden on plaintiffs to provide a reasonable alternative design
"The Third District's ruling was a huge win for the defense bar, only to be nullified by the Florida Supreme Court in a very impactful way," Chris Kolos of Holland & Knight LLP said.
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