A Louisiana federal judge recently denied a motion by the Ford Motor Co. which sought to throw out the asbestos cancer lawsuit, brought on behalf of the now deceased victim, alleging the automaker and others are responsible for the plaintiff’s injuries. While the same judge did rule partly in favor of Ford in limiting some of the claims brought against the company, the other asbestos-related claims may proceed against Ford and other named defendants.
According to the mesothelioma cancer lawsuit, filed in U.S. District Court for the Eastern District of Louisiana, the victim developed peritoneal mesothelioma during his work as a mechanic and generator service technician. After filing his asbestos cancer lawsuit in a Louisiana state court in 2017, the case was removed to federal court the following year. Sadly, the victim passed away from his asbestos related cancer in 2018, leaving his surviving family to continue to action under a wrongful death claim.
In their lawsuit, the plaintiffs made claims against the Ford Motor Co. under Louisiana’s general negligence statute, employer liability statute, premises liability as owners of the premises where the victim worked, and product liability laws for manufacturing the asbestos laden products. In seeking to skirt liability, Ford claimed the plaintiffs were barred from recovering for any damages under the Louisiana Workers’ Compensation Act (LWCA) because the alleged injuries took place during the course of the victim’s employment.