Products Liability Law Reporter

Bennett v. Ford Motor Co., No. 1822-CC-10744 (Mo. Cir. Ct. St. Louis City Aug. 22, 2019).

In 1962, automobile mechanic Al Bennett began working at Ford Motor Co. dealerships. For approximately the next 21 years, he used asbestos-containing Ford brakes and other replacement parts. At age 79, he was diagnosed as having pleural mesothelioma, which has necessitated chemotherapy. Bennett, who is not expected to survive his illness, has incurred medical expenses totaling $960,000.

Bennett and his wife sued Ford, among other undisclosed parties, alleging failure to warn, defective design, and negligence. The plaintiffs argued that there were no asbestos warnings on the product boxes and that the company failed to warn mechanics to wear respirators while working with the asbestos-containing products.

The jury awarded $8.4 million.

Plaintiff counsel: AAJ members Christopher Layloff, Jason Steinmeyer, and Randy Gori, all of Edwardsville, Ill.

Comment: In Phipps v. Copeland Corp., LLC, No. 18STCV02021 (Cal. Super. Ct. Los Angeles Cnty. June 21, 2019), William Phipps worked as a plumbing/HVAC contractor for most of his adult life. While working for various employers at different work sites, he was exposed to asbestos and asbestos-containing products, including gaskets supplied by Copeland Corp. In 2018, he was diagnosed as having mesothelioma. Phipps and his wife sued Copeland Corp. LLC, alleging negligent failure to warn, failure to recall, and strict liability design defect. The parties stipulated to economic damages exceeding $1.36 million. The jury awarded the plaintiffs approximately $26.6 million, finding Copeland 60% responsible and Phipps 1% at fault. The jury apportioned the remaining liability to several other entities. Joshua Paul, Peter Beirne, Nectaria Belantis, and Bryon Josselyn, all of Westlake Village, Calif., represented the plaintiffs.