In 1973, personal injury attorney Ward Stephenson made history with his litigation of the first successful asbestos lawsuit. Unfortunately, like so many asbestos lawsuit plaintiffs that came after him, the plaintiff was not able to see the court rule in his favor and to receive the damages he deserved. He had already succumbed to the disease that was the subject of the suit.

For more than 30 years, Clarence Borel worked in oil refineries and shipyards, using asbestos products to insulate pipes, boilers, and other high-temperature equipment. After being exposed to asbestos for more than three decades, he began to experience chest pain and difficulty breathing. In 1969, he was diagnosed with asbestos.

Borel received a $13,000 workers compensation settlement, but faced with the high likelihood that he would not live much longer, wanted more money to ensure that his family would be taken care of after his death. He contacted attorney Stephenson, who filed a lawsuit against 11 asbestos manufacturers. The suit, titled Borel v. Fireboard Paper Products Corporation, asked the court to award $1 million in damages.

Borel died of mesothelioma in 1970. Three years later, the court ruled in his favor.

The case was a landmark for several reasons. Not only was it the first time that an asbestos manufacturer had been found liable for the injuries caused by its products, but it was also the first to use a new statement of law regarding defective products. In 1965, a definitive legal publication stated that any person or company that "sells any product in a defective conduction unreasonably dangerous to the user or consumer...is liable for the harm caused by that product."

The publication qualified this by stating that companies would not be held liable for unsafe products if they were "accompanied by proper directions and warning." Because the asbestos products used by Borel did not include such a warning, the court found, the companies were liable for his exposure, illness, and death.

Source: Asbestos.com, "History of Asbestos Litigation"