After a highly questionable legal move by an attorney representing Ford Motor Company, an Illinois jury decided in favor of the automotive giant, saying they were not liable for a man’s malignant peritoneal mesothelioma death. But the man’s widow asked for and was granted a new trial based on the attorney’s actions, and despite Ford’s objections, the Appellate Court of Illinois agreed with that decision.
Man’s Mesothelioma Blamed on Asbestos-Contaminated Brakes
The mesothelioma lawsuit was filed by Trudy LaFever, whose husband Steve died of peritoneal mesothelioma a few months after his diagnosis in 2014. She alleged that her husband’s illness was caused by exposure to asbestos in products that Ford and other product manufacturers made and sold.
The mesothelioma widow’s lawsuit accused Ford of negligently failing to provide adequate warnings on its product boxes for replacement brakes about brake dust that contained asbestos. Her claim noted that the company had been aware of the dangers of the product and had warned its own employees and its dealers’ employees about proper handling and precautions of the products.
Ford’s Attorney’s Actions in Mesothelioma Lawsuit Called “Skullduggery” by Court
Early in the legal process, attorneys from both sides agreed to rules regarding how evidence and documents would be entered into the record and used during the mesothelioma trial. Despite agreeing to providing notice the prior afternoon regarding witnesses and exhibits, when Ford’s attorney questioned the mesothelioma victim’s son, he used photographs in questioning the mesothelioma victim’s son for which no notice had been given, catching him off guard in exactly the way that the previously-agreed to rule was meant to prevent. The attorney also suggested to the jury that a warning had been provided by another brake manufacturer that had not actually been provided. At the time that this happened, the victim’s family asked for a mistrial that the judge considered but opted against.
After the jury ruled in favor of Ford, the mesothelioma widow’s attorney pointed to these two issues and asked for a retrial, and the judge agreed. Though Ford argued against this decision to the Appeals Court of Illinois, the higher court noted that the trial judge was in the best position to consider the effects of the actions and fairness of the trial, and that the attorneys’ actions had been “deeply troubling and egregious, that it put plaintiff at a huge tactical disadvantage, and that it had the potential to impact the outcome of the trial.” A new trial will be held to allow for a fairer outcome.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you had aggressive and knowledgeable advocates working on your behalf. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
