An $ 11 million asbestos mesothelioma verdict was overturned by a New York state judge.
The lawsuit was brought by a married couple, plaintiffs Arthur and Mary J., against Ford Motor Co. Arthur died in March 2014, prior to the completion of his case. His asbestos mesothelioma lawsuit was seen to completion by his wife.
At the trial court level, a jury awarded Arthur $8 million for his pain and suffering and Mary $3 million for her loss of consortium, or loss of spousal intimacy. According to the lawsuit, Arthur died of mesothelioma after he was exposed to asbestos while at work as a mechanic.
The asbestos mesothelioma lawsuit states that Arthur worked as a mechanic for Consolidated Edison Inc. and worked on Ford vehicles. As a mechanic, part of his duties involved sweeping up brake dust and replacing clutches.
Judge Barbara Jaffe overturned the verdict after finding that the plaintiff’s causation expert failed to show adequate proof that his exposure to asbestos found in the products he worked on while repairing vehicles was sufficient to cause mesothelioma.
In her order, the judge noted that a defendant can only be held liable for mesothelioma injuries based on the amount of asbestos the defendant caused the plaintiff to be exposed to and whether the asbestos exposure caused the plaintiff’s mesothelioma.
What is Asbestos Mesothelioma?
Asbestos mesothelioma is a rare but extremely dangerous form of cancer caused by exposure to asbestos fibers. Asbestos, a deadly fibrous mineral, was prevalent in construction materials prior to 1990.
Over 100,000 people have died or will die from asbestos exposure. The most common victims are shipyard workers, construction workers, and asbestos miners.
Mesothelioma can take decades to develop, often between 15 and 35 years after exposure. Once developed, the cancer spreads rapidly through a person’s organs.
Mesothelioma Lawsuits
Thousands of lawsuits have been filed against companies blamed for exposing victims to asbestos. Victims have a choice of whether to bring an individual lawsuit or becoming a member of a class action lawsuit.
Class action mesothelioma asbestos lawsuits are fairly common. The decisions of whether to bring a class action lawsuit or an individual lawsuit should be made on a case by case basis with the advice of a legal professional.
While individual lawsuits may offer plaintiffs more autonomy, class action lawsuits allow the costs of litigation to be spread among all the Class Members. Class action lawsuits allow victims who share similar injuries and similar facts to come together and challenge larger companies.
Millions of dollars have already been awarded to asbestos mesothelioma victims. The awards and settlements from these lawsuits help victims pay for past and future medical bills as well as compensate the victims for the pain and suffering they endured.
This Asbestos Mesothelioma Lawsuit is Case No. 190315/2012, in the Supreme Court of the State of New York.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual mesothelioma lawsuit or asbestos class action lawsuit is best for you. [In general, mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.
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