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Ford Fails to Have a Mesothelioma Lawsuit Dismissed

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 reviewing the defendant’s petition, the Supreme Court of the State of New York concluded that J.S. had provided sufficient proof to raise issues of fact that the jury needed to decide on. The lawsuit was not shut down, and J.S. still has a chance to recover the compensation he deserves.

Can All Types of Asbestos Cause Asbestos Exposure?

One of Ford Motors’ arguments was whether chrysotile asbestos caused risk compared to amphibole asbestos. This begs the question of whether all forms of asbestos can cause asbestos exposure. So, can all types of asbestos cause asbestos exposure? All forms of asbestos can cause asbestos-related diseases, including mesothelioma. It is said that amphibole asbestos is the most dangerous form of asbestos. But, even if this is accurate, it does not negate the fact that even the other asbestos forms are dangerous and can cause asbestos-related illnesses. Also, it is crucial to note that there is no safe level of asbestos exposure.

Nationwide Mesothelioma Lawyers           

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.

 

 

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