Ford's Asbestos Hazards References in Its Training Manuals are Admissible Evidence at Trial per NY Judge's Ruling
In an asbestos lawsuit filed by the mesothelioma lawyers from Levy Konigsberg LLP against Ford Co., a New York Supreme Court Justice rules that references to asbestos hazards in Ford's training manuals are admissible as evidence at trial.
NEW YORK, New York, March 5, 2007 - New York County Supreme Court Justice Karen S. Smith rules that training manuals from Ford Co., and other companies, can be submitted at trial as Ford's admission that its asbestos-containing brakes are hazardous and can cause cancer. This ruling was handed down in a complex asbestos lawsuit1 filed by the mesothelioma law firm of Levy Konigsberg LLP, a nationwide leader in asbestos and mesothelioma litigation.
The training materials at issue are part of Ford's nationwide training program for independent Ford dealership employees, vocational instructors, and automotive students. Ford offers its training materials to these groups, as well as the public at large through the sale of publications, videos, and web-based training. In these materials, whenever Ford addresses asbestos in brakes, it warns of the asbestos hazards to health and often warns that it can cause diseases including cancer.
Despite these references, Ford's litigation position is that asbestos-containing brakes are safe. Before the ruling was issued, Ford argued the its training manuals should not be admitted into evidence at trial, because the warnings, with regard to the hazards of asbestos-containing brake parts, were included involuntarily, solely to meet the requirements of the Occupation Safety and Health Administration ("OSHA"). Justice Smith rejected this argument in light of the fact that Ford disseminated its training materials to the public at large, whereas the OSHA requirements were only applicable to the employer-employee setting. Furthermore, Justice Smith observed that the warnings contained in Ford’s training manuals, in many respects, exceeded the relevant OSHA requirements. Justice Smith also noted that nowhere in Ford’s training materials does it state that the warning about the hazards of asbestos-containing brake parts have been given solely for the purposes of complying with government regulations.
This lawsuit is one of many filed by the mesothelioma lawyers at Levy Konigsberg LLP on behalf of clients who have been exposed to asbestos from automotive brakes and or clutches and consequently developed mesothelioma.
For over a quarter of a century, mesothelioma lawyers at Levy Konigsberg LLP have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.
For more information about this or other mesothelioma lawsuits, please contact Levy Konigsberg LLP at 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.
Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.
Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:
- Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
- Obtain maximum compensation in your case by being able to:
- Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
- Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.
Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.
While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States.
1 Carlos Cepeda v. AC&S, Inc., et al., No. 115403/05 (N.Y. Sup. Ct., New York County).
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