Skip to content
Menu
Mesothelioma Lawyer CenterSponsored by Attorney Paul Danziger

Call to learn about getting your best possible financial compensation

800-793-4540
  • Legal Options
    • Pleural Mesothelioma Lawyer
    • Peritoneal Mesothelioma Lawyer
    • Mesothelioma Legal Advice
    • Mesothelioma Law Firms
    • Mesothelioma Claims
    • Mesothelioma Lawsuits
    • Class Action Mesothelioma Lawsuit
    • Mesothelioma Compensation
    • Asbestos Trust Funds
    • Mesothelioma Settlements
    • Mesothelioma Verdicts
    • Asbestos Lawyers
    • Mesothelioma Wrongful Death
    • Mesothelioma Personal Injury
    • Determining Case Value
    • Trust a Mesothelioma Commercial?
    • Mesothelioma Case Rejected?
    • Lawyers by State
    • Mesothelioma Lawyers in Canada
  • Mesothelioma
    • Mesothelioma Treatment Guide
      • Top Mesothelioma Doctors
      • Top Mesothelioma Cancer Centers
      • Surgery
      • Chemotherapy
      • Radiation Therapy
      • Multimodal Therapy
      • Alternative Treatments
      • Mesothelioma Treatment Costs
    • Mesothelioma Symptoms
    • Mesothelioma Diagnosis
      • Mesothelioma Prognosis
      • Mesothelioma Life Expectancy
      • Mesothelioma Remission
      • Mesothelioma Support
    • Mesothelioma Causes
    • Mesothelioma Types
      • Pleural Mesothelioma
      • Peritoneal Mesothelioma
      • Pericardial Mesothelioma
    • Mesothelioma Stages
      • Stage 1
      • Stage 2
      • Stage 3
      • Stage 4
    • Frequently Asked Questions
    • Mesothelioma Statistics
    • Mesothelioma and Talcum Powder
      • Talcum Powder Lawsuits
    • Mesothelioma and Women
    • Mesothelioma Misconceptions
    • Mental Health
  • Veterans
    • Veteran Claims
    • Navy
      • Ships and Asbestos
      • Shipyards and Asbestos
    • Air Force
    • Army
    • Coast Guard
    • Marines
    • Frequently Asked Questions
  • Asbestos
    • Asbestos Cancer
    • Asbestos Diseases
      • COPD
      • Interstitial Lung Disease
      • Lung Cancer
      • Pleural Effusion
    • Asbestosis
    • Asbestos Exposure
    • Asbestos Manufacturers
    • At Risk Jobs
    • Asbestos Industry Cover-ups
    • Asbestos Laws
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
Home / Blog / Court Rejects Ford’s Motion to Dismiss Mesothelioma Lawsuit

Court Rejects Ford’s Motion to Dismiss Mesothelioma Lawsuit

Published on December 26, 2022
Paul DanzigerPage Reviewed and Edited by Mesothelioma Attorney Paul Danziger

Joseph Skrzynski blames his malignant mesothelioma on the years he spent working for Towne Lincoln Ford Mercury. The 65-year-old and his wife filed a personal injury lawsuit against Ford Motor Company in which he describes sweeping up asbestos dust after mechanics had replaced or repaired asbestos-contaminated brakes, and opening boxes filled with asbestos-contaminated Ford brakes and clutches. Though Ford offered various reasons for the case against them to be dismissed, the judges of the Supreme Court of New York in Erie County denied their motion for summary judgment. They also allowed the couple’s punitive damages claim against the auto giant to stand.

brake repair

Ford Mounts Multiple Arguments Against Liability for Man’s Mesothelioma

In its petition to have the mesothelioma lawsuit dismissed, Ford argued that there was no evidence that the asbestos in their parts led to Mr. Skrzynski’s illness. They also wanted his expert witness’ opinions excluded and that they had not considered Ford’s assertion that therapeutic radiation he’d received earlier in his life might have played a role.

The judges dismissed each of these arguments, noting that Ford’s own exhibits had shown that their brakes and clutches contained amphibole asbestos. They said that the company’s assertions about disagreements between expert witnesses actually supported the case being heard by a jury.

Punitive Damages Decision Can’t Be Decided Until Mesothelioma Liability is Established

Regarding the mesothelioma victim’s claim for punitive damages and Ford’s request to have it dismissed, the judges noted that “the threshold for establishing punitive damages in New York is demanding, requiring the plaintiff to demonstrate that the defendant’s conduct was so reckless or wantonly negligent as to be the equivalent of a conscious disregard of the rights of others and that the conduct demonstrates a high degree of moral culpability.”

The court determined that it was not possible at the summary judgment stage to waive the mesothelioma victim’s claim for punitive damages, and that whether a particular award should be allowed could not be decided until after a jury had heard all of the details and resolved the question of guilt.

Free Financial Compensation Packet

    Financial Compensation Packet
  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >

FREE Financial Compensation Packet

  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >
Financial Compensation Packet
Calculate Your Case Value >
Paul Danziger

Page Reviewed and Edited by Mesothelioma Attorney Paul Danziger

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

Full bio and contact info

Navigation
  • Home
  • Legal Options
  • Mesothelioma
  • Veterans
  • Asbestos
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
  • Blog
Contact Information
Office Address:
1225 North Loop West Houston, Texas 77008

Handling mesothelioma cases nationwide

Call to learn about getting your best possible financial compensation

800-793-4540

Follow Us
MesotheliomaLawyerCenter.Org BBB Business Review
Sponsor: Paul Danziger, Attorney

The information provided by MesotheliomaLawyerCenter.org is not a substitute for professional medical advice, diagnosis, or treatment.

  • Disclaimer
  • Privacy Policy
  • Editorial Standards
  • Contact Us
©2023 | MesotheliomaLawyerCenter.org