Case details

Asbestos-containing auto parts caused mesothelioma: plaintiff

SUMMARY

$6825000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 1966, plaintiff Patrick Scott opened his first automobile repair shop in Sausalito, which he moved to San Francisco later that year. In 1978, Scott moved the business to St. Helena, which became its permanent location. In the fall of 2011, Scott, who was then 69, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos, and had to hire someone else to run the shop. Scott sued Ford Motor Co., as well as more than 30 other entities in the automobile and related industries. He brought causes of action for negligence, intentional concealment, and strict liability for defectively designing products to include asbestos and for failing to warn of the dangers of the asbestos in the products. Of the over 30 defendants, most were dismissed, motioned out or reached confidential settlements. Thus, the matter proceeded to trial against Ford Motor Co. only. Scott claimed that throughout his career, he worked on numerous Ford cars and trucks in his shops, as well as his own personal Ford trucks. He alleged that these vehicles contained parts, including brakes, gaskets, and clutches, that included asbestos. Furthermore, he alleged that the replacement parts used for the vehicles also contained asbestos. Scott claimed that as a result, he was exposed to heavy counts of asbestos that caused his mesothelioma. Specifically, he contended that Ford negligently designed a brake system for its vehicles that required replacement parts containing asbestos and that Ford failed to warn its customers about the asbestos in its parts and replacement parts. Ford’s counsel argued that motor vehicle mechanics are not at an increased risk for developing mesothelioma and that Ford was not responsible for asbestos-containing replacement parts sold by other companies. Counsel further argued that Scott’s potential exposure to asbestos at the Hunters Point Naval Shipyard in San Francisco, where he had worked for nine months prior to opening his first auto shop, caused his mesothelioma. However, Scott claimed that while working at the shipyard, a large percentage of the insulation he came in contact with did not contain asbestos., Scott was diagnosed with mesothelioma in the fall of 2011, causing him to stop working at his auto shop and hire a replacement. He subsequently underwent a pleuropneumonectomy, a radical surgery involving the removal of the pleura and one lung, as well as four rounds of chemotherapy and 30 treatments of radiation. However, Scott claimed that he can no longer partake in activities with his wife, like traveling, playing bocce ball or going to church, and that his current prognosis only gives him months to live. Scott’s wife, Sharon, claimed that she spends all of her time now caring for her ill husband, which has brought on severe emotional distress for both of them. Thus, Mr. Scott claimed $1,225,000 in stipulated economic damages for his medical costs, loss of earnings and loss of household services. He also sought recovery of damages for his past and future pain and suffering. In addition, Mrs. Scott sought recovery of damages for her loss of consortium. Ford’s counsel did not dispute the nature or extent of the plaintiffs’ economic damages.
COURT
Superior Court of Alameda County, Hayward, CA

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