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Ford Motor Co. v. Boomer | 736 S.E.2d 724 (2013)
Asbestos was a common ingredient in a wide range of products for most of the twentieth century. Accordingly, many people were exposed to a variety of asbestos-containing products during their lives. Mesothelioma is a fatal disease caused by exposure to asbestos. In Ford Motor Company versus Boomer, we explore how courts determine whether a plaintiff’s exposure to a defendant’s asbestos-containing product is a cause in fact of the plaintiff’s mesothelioma.
James Lokey was diagnosed with mesothelioma. Lokey filed suit against various manufacturers of asbestos-containing products to which he was allegedly exposed. Among others, Lokey alleged that he was exposed to asbestos-containing brakes on Ford Motor Company vehicles. After Lokey passed away, the administrator of his estate, Walter Boomer, proceeded as plaintiff.
Lokey’s estate proceeded to trial against Ford and others. The trial court instructed the jury that it should find in Lokey’s favor on his negligence claim against Ford if it found that Lokey’s exposure to Ford’s asbestos-containing products was a substantial contributing factor in causing Lokey’s mesothelioma. The jury found in favor of Lokey’s estate. Ford appealed to the Virginia Supreme Court.
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