Men and women throughout the United States and the world have suffered devastating illness and disease as a direct and proximate result of asbestos exposure. Indeed, medical experts and worker safety advocacy groups agree: The only safe amount of exposure to asbestos is zero.
Nevertheless, workers are still being exposed to this dangerous substance and they are suffering and dying as a result. These workers (and their families) could be entitled to receive financial restitution for their injuries by pursuing an asbestos-related claim.
Recently, one man in Pennsylvania succeeded in doing just that. He received a jury verdict of $1 million relating to asbestos-caused mesothelioma.
The man pursued asbestos claims against three different employers. The three cases were later consolidated into one. Two defendants settled with the man out of court, but Ford -- which employed the man for several months in 1950 -- did not reach an out of court settlement. After a jury verdict provided the man with $1 million in compensatory damages, however, Ford appealed to a Superior Court.
Conflicting Asbestos Expert Testimony
The Superior Court decided to uphold the lower court's verdict after experts from both sides offered conflicting evidence relating to the connection between the man's previous employment at Ford and his mesothelioma. During the plaintiff's employment at Ford for several months in 1950, the plaintiff claimed that asbestos dust from Ford brake pads literally snowed down upon him as he swept up, scooped up and disposed of asbestos-laden brake dust mounds daily on the job.
An expert for Ford said that no connection exists between mesothelioma and brake mechanic jobs. However, Ford's arguments were not enough to counter the lower courts decision.
Case Could Inspire Victims to Step Forward
This case is noteworthy because it has been 64 years since the ex-Ford worker was employed by the automaker. Also, it is important to note that there were two other employers involved in his consolidated lawsuit that exposed the man to asbestos, yet Ford was still held liable. The court's opinion supports the impossibility of isolating which instance of asbestos exposures led to this man's contraction of mesothelioma disease.
Indeed, considering that the man was able to prove that Ford did indeed expose him to the cancerous substance, jurors were left to consider each employer as liable for his pain, suffering and other damages. Hopefully, this case will serve as an example to other mesothelioma victims and inspire them to assert claims for compensation in court.
Click to read more about asbestos and mesothelioma lawsuits.
You May Also Like...
Bankruptcy – Business
Bankruptcy – Personal
Criminal Law – Appellate
Criminal Law – Federal
Criminal Law – State Felony & Misdemeanor
Drunk Driving Defense
Dumb or Weird Laws
2012 Meningitis Outbreak
Biomet Hip Replacement
GM Ignition Switch
Gulf Oil Spill
Smith & Nephew Hip Replacement
Stryker Hip Replacement
Wright Hip Replacement
Intellectual Property Law
Labor & Employment Law
Landlord Tenant Law
Personal Injury – Defendant
Personal Injury – Plaintiff
Social Security Disability
Weird Law Friday