I came across an interesting win today. Earlier this week New York’s highest court affirmed dismissal of an $11 million jury verdict against Ford Motor Co. in connection with an auto mechanic’s death from asbestos.
In a 4-1 ruling, the New York Court of Appeals affirmed a February 2017 ruling by the New York Supreme Court’s appellate division in the case, In the Matter of New York City Asbestos Litigation, Mary Juni, et al. According to the appellate division ruling, Arthur Juni, who died in March 2014, claimed his mesothelioma was caused by his exposure to asbestos-containing products while he worked as an auto mechanic. His widow pursued the case after his death.
The jury initially awarded $11 million to the Plaintiffs at the close of trial, however, the trial court granted Ford Motor Co.’s motion to set aside the verdict, which was then affirmed by the appellate division.
In its ruling earlier this week, the Court of Appeals said, “Viewing the evidence in the light most favorable to plaintiffs, the evidence was insufficient as matter of law to establish that respondent Ford Motor Company’s conduct was a proximate cause of the decedent’s injuries pursuant to the standards set forth” in previous rulings.
The interesting part of all of this is that even though the decedent here may have been exposed to asbestos containing materials during his work as a mechanic, that doesn’t necessarily ensure a verdict for the plaintiff. As with any toxic tort claim there are a many defenses available to a party- be it a manufacturer such as Ford or a downstream entity such as a dealership. In this case the defenses worked and the manufacturer chalked up an $11 million dollar win.