- April 28, 2016
- Posted by: admin
- Category: News
An “asbestos lawsuit” was filed by a San Francisco family against Ford Motor Company along with other two defendants.
Asbestos is a normally happening mineral that is utilized as a part of an assortment of items, including protection for channels, vehicle brakes and building materials. It has been connected to mesothelioma, asbestosis and lung tumor. According to Occupational Safety & Health Administration (OSHA), there is no sheltered level of asbestos exposure and utilization of asbestos was regulated by OSHA and the Environmental Protection Agency (“EPA”).
The state appeals court reinstated the lawsuit on finding that the family provided enough evidence based on which a jury should be able to decide whether Ford was responsible for the victim’s asbestos exposure, which resulted in his developing mesothelioma.
According to SF Gate (2/9/16), Gene Lepore was hired as a civilian trainer at the Coast Guard base in Port Hueneme in 1974. Lepore’s duty during that time was to regularly stop at a vehicle repair shop to oversee the work of mechanics. It was only at the vehicle repair shop where he was allegedly exposed to asbestos from vehicle brakes.
Lepore died of mesothelioma in 2010. Mesothelioma is a fatal lung condition linked to asbestos exposure. Lepore, however, had filed a lawsuit the same year against Ford and other defendants alleging that the reason he developed mesothelioma was his exposure to asbestos in their products. In 2012, the lawsuit was dismissed by the Superior Court Judge on a finding that plaintiffs failed to prove that Lepore was in the vicinity when Ford products, or the products of other defendants, were being repaired.
But, an appeals court recently disagreed with that finding and reinstated the lawsuit against Ford, Navistar and Kelsy-Hayes. The dismissal of the suit against Gibbs International was upheld. Lepore v. Kelsey-Hayes Co., A137451, 2016 Cal. App. Unpub. LEXIS 986. Lepore emphasized that it was Ford brake products being worked on when asbestos was released into the air, which in fact was further confirmed by a colleague that Lepore would stand in the repair shop and oversee brake repairs while workers used Ford brake products. The appeals court finally decided that such evidence was enough to “conclude Lepore was exposed to asbestos released from products manufactured or distributed by Ford.” Id. at *42.
Claims were reportedly filed against more than 12 companies, with a large number of those already achieving settlements with Geraldine Lepore and her youngsters.
Specialists who have been exposed to asbestos as an aspect of their job duties and responsibilities obligations have filed lawsuits against their managers and the creators of items which contain asbestos, affirming they were not appropriately cautioned about the dangers of asbestos and were not given legitimate security from asbestos exposure.