The Finerty, Ford, Asbestos & Mesothelioma case documents what many Navy veterans, oil refinery workers, auto mechanic, mechanics and others may face today – past potential direct and secondary exposure to asbestos and mesothelioma.
The court ruled: We have considered Ford USA’s remaining arguments and find them unavailing
A brief summary of the facts include:
- Plaintiff Raymond Finerty suffers from peritoneal malignant mesothelioma, a disease whose primary cause is exposure to asbestos.
- He brought this action against, inter alia, the Ford Motor Company (Ford USA) and Ford Motor Company, Ltd. (Ford UK), alleging that he was exposed to asbestos while working as a mechanic in Ireland, replacing asbestos-containing brakes, clutches, and engine parts on Ford tractors, cars, and trucks.
- Ford USA contends that it cannot be held liable for the asbestos-containing auto parts manufactured and distributed by Ford UK, its wholly owned subsidiary, and that there is no basis for piercing the corporate veil. We agree that there is no basis for piercing the corporate veil.
- However, the record demonstrates that Ford USA acted as the global guardian of the Ford brand, having a substantial role in the design, development, and use of the auto parts distributed by Ford UK, with the apparent goal of the complete standardization of all products worldwide that carried the signature Ford logo.
- Thus, issues of fact exist whether Ford USA may be held directly liable as a result of its role in facilitating the distribution of the asbestos-containing auto parts on the ground that it was “in the best position to exert pressure for the improved safety of products” or to warn the end users of these auto parts of the hazards they presented.
To find out more on the case, see Case Nos. 190187/10, 14344, 14343 – February 26, 2015.
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