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Case Law Update: Proximate Cause in Wrongful Death

Nolan v. Weil-McLain, No. 103137 (4-16-09), is an Illinois decision that held that in wrongful death litigation by widow of deceased boilermaker, for mesothelioma resulting from exposure to asbestos containing material, trial and appellate court improperly prevented defendant from pursuing its sole proximate cause defense by excluding evidence of decedent’s exposure to other asbestos containing products during his 38 year career. This case will greatly affect wrongful death cases in Illinois.