Joseph Skrzynski filed his mesothelioma lawsuit against Ford Motor Company (FMC) after he was diagnosed with peritoneal mesothelioma at the age of 65. After the company’s unsuccessful attempt at having the case dismissed, a New York jury found Ford guilty of negligence and awarded the victim and his wife, Deborah $3.3 million in damages. After the auto giant requested a new trial and to set aside the verdict was rejected by the trial court, it filed an appeal, which was recently denied.
Mesothelioma Victim Points to Asbestos Exposure from Auto Dealership Job
Mr. Skrzynski claimed his peritoneal mesothelioma was caused by years of handling asbestos-containing brake products manufactured or supplied by Ford Motor Company. The jury agreed that Skrzynski was exposed to asbestos as a component of FMC’s friction products and that the company had failed to provide adequate warnings about asbestos exposure hazards. Most importantly, the jury determined this failure to warn was a substantial contributing factor in causing his mesothelioma.
In its appeal, Ford challenged whether the evidence submitted to the jury had been sufficient to establish the causation of the victim’s mesothelioma. In its consideration of the auto company’s motion, the judges of the appeals court relied on established precedent requiring proof that the toxin could cause the illness and that Mr. Skrzynski had been exposed to sufficient levels to cause the rare illness. To support the victim’s case, an epidemiology professor testified that chrysotile asbestos causes mesothelioma, and an environmental scientist provided the results of his testing, which showed that FMC’s brakes contained 25-50% chrysotile asbestos fibers and released the toxic dust when handled.
Specific Causation and Mesothelioma Exposure Levels Sufficient to Support Jury Verdict
On considering the arguments from both sides, the court found that the scientific testing and plaintiff testimony submitted by the victim had provided legally sufficient evidence of specific causation for his mesothelioma claim. After the environmental scientist’s testing measured asbestos fiber release rates of 0.8-2.2 fibers per cubic centimeter during Ford brake sanding, 0.9 during compressed air cleanup, and 1.7 during sweeping, Skrzynski testified to being present for “over a thousand” brake jobs in a “dusty” garage environment.
Additional evidence also supported the verdict, including previously conducted studies on garage worker exposure levels and physician testimony that this type of cumulative exposure was a substantial factor causing the victim’s mesothelioma. Based on this comprehensive evidence, the Fourth Department affirmed the judgment in favor of Mr. Skrzynski and allowed the jury’s $3.3 million award to stand.
If you or someone you love has been diagnosed with mesothelioma following occupational exposure, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
