In November 2012 a jury in Alameda County issued a $6,825,000 verdict against Ford Motor Company in favor of former service-station owner Patrick Scott.  Mr. Scott had been exposed to asbestos, which was used in the manufacture of car parts produced by Ford Motor Company for decades.  The jury found that Ford was aware of the dangers inherent in asbestos related products, but failed to advise Mr. Scott, who later developed mesothelioma as a result of his exposure to asbestos.

In arguing the case, Ford contended that Mr. Scott was a so-called “sophisticated user”, meaning that he should have known about the dangers of using the company’s parts.  The jury rejected that argument, finding that Ford had been negligent, and as a result issued a judgment of 22 percent liability against the company.  Ford then appealed the verdict, stating that the company should not have to pay punitive damages because such damages are not allowed in the state of Michigan, where Ford is headquartered.

A California Appellate Court, after reviewing the case, upheld the judgment against Ford, rejecting the company’s argument in relation to punitive damages.  Saying that Ford would not be granted “a nationwide shield from punitive damage liability,” the Appellate Court contended that, should it rule in the company’s favor, Ford would essentially be free to sell defective parts across the country without fear of punishment.

Asbestos lawsuits will continue into the foreseeable future as the world continues to discover just how many people were affected by this toxic substance. The California asbestos and mesothelioma accident attorneys of Brayton Purcell, LLP, are experts in helping those who have been exposed to asbestos. Call us today at (800) 598-0314 for a free consultation, or contact us online.