Articles Posted in Asbestos Containing Materials

The Supreme Court of the State of New York recently denied a petition from Ford Motor Company asking the Court to shut down mesothelioma lawsuit against them.  When the defendant in this case, who for purposes of this article will be referred to as J.S., discovered he had mesothelioma, he and his spouse filed a lawsuit against Ford Motor Company. According to the lawsuit, the company is responsible for J.S.’s exposure to asbestos-containing parts during his years at a dealership in Orchard Park. What is interesting about this case is that Ford did not deny that the parts J.S. was dealing with were asbestos-contaminated. The company also didn’t deny the fact that asbestos is a toxin.

After J.S. discovered he had mesothelioma at age 65, he filed a lawsuit against Ford Motor Company, the company responsible for his asbestos exposure, thus, his illness. According to J.S.’s lawsuit, he worked as a delivery man for the dealership in Orchard Park. During his time in this position, J.S. was exposed to asbestos-containing dust when he unlocked boxes and dealt with brakes and clutches from Ford. In his claim, J.S. also stated that he had maintenance, cleaning, and sweeping duties during his time at the dealership. On top of that, J.S. stated in his lawsuit that he suffered asbestos exposure through his interaction with mechanics performing clutch and brake jobs.

The defendant did not deny that J.S.’s work involved dealing with asbestos-contaminated products. The company did not deny that asbestos is dangerous and can cause illnesses. Ford’s argument was focused on whether J.S.’s closeness to their parts was enough to result in him developing his illness. The company’s argument centered on whether chrysotile asbestos caused risk compared to amphibole asbestos. Also, Ford Motors argued that therapeutic radiation could have caused J.S.’s illness.

After two weeks of in-person trial, a Los Angeles County jury awarded a 64-year-old woman diagnosed with mesothelioma $43 million on May 20, 2022. This verdict is among the largest seen in recent years. The woman, who was diagnosed with mesothelioma in 2019, blamed Algoma Hardwoods Inc. for her condition.

According to the evidence presented, the 64-year-old California woman never directly worked with the toxic substance known as asbestos. However, her husband used to work in a capacity that exposed him to asbestos. He worked with doors that contained asbestos. The asbestos dust from the doors got stuck in his skin, hair, and clothes, and he brought this dust home. Even though the woman sometimes assisted her husband on-site, most of the asbestos exposure she suffered was from the asbestos dust her husband brought home. According to a family representative, the 64-year-old woman suffered asbestos exposure while doing her husband’s laundry. Also, just being inside the home exposed her to asbestos.

From 1977 to 1980, Algoma made fire-resistant asbestos-contaminated doors. The jury found the company 50% liable for the 64-year-old woman’s mesothelioma. The jury then assessed comparative fault against other defendants. The following is a breakdown of the percentage of responsibility each defendant was awarded;