Brisboy v. Fibreboard Paper Products Corp.

384 N.W.2d 39 · Michigan Court of Appeals · 1985

Facts

Charles Rand died of lung cancer from asbestosis after 6-9 months working with defendant's asbestos products, despite being a heavy smoker. A jury found defendant negligent and Rand 55% negligent, but the trial court refused to apply comparative negligence, holding defendant 100% liable. Defendant appealed the proximate cause finding and the refusal to apply comparative negligence.

Issue

Was there sufficient evidence to establish the defendant's asbestos exposure as a proximate cause of death, and did the trial court err by refusing to apply comparative negligence given the decedent's cigarette smoking?

Holding

The appellate court affirmed the trial court's decision, finding sufficient evidence for proximate cause and that the trial court properly refused to apply comparative negligence because the decedent was not aware of the synergistic risk of smoking and asbestos.

Rule

Negligent conduct is a proximate cause if it is a substantial factor in bringing about the harm, even if other factors contribute. Comparative negligence does not apply if the injured party was not aware, and should not have been aware, of the specific risk created by the combination of their own conduct and the defendant's negligence.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.