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California Civil Procedure, Keyed to Levine, 6th Ed.
Adams v. Ford Motor Co.
Citation:
199 Cal. App. 4th 1475, 132 Cal. Rptr. 3d 424 (2011)Facts
Richard Adams was a shade tree mechanic who performed routine maintenance on his used vehicles throughout his life, including five vehicles manufactured by Ford Motor Company. He died from mesothelioma, a cancer associated with asbestos exposure. His wife Billie Jean Adams and their three children brought suit against numerous defendants, including Ford, alleging that defendants’ products caused Richard Adams to be exposed to asbestos, specifically claiming exposure to asbestos dust while replacing brake pads on vehicles including those manufactured by Ford. The complaint also named construction trade defendants and alleged exposure during construction work. Adams sought $150,000 in medical expenses, $1 million in loss of earnings, and $1 million in general damages. By November 2009, four years into litigation, Adams had settled with most defendants for amounts ranging from $2,000 (Nissan) to $70,000 (Pep Boys), with total settlements exceeding $179,250. Ford served a timely section 998 offer of $10,000 with mutual waiver of costs on November 25, 2009. Adams rejected the offer and proceeded to trial, where the jury returned a verdict for Ford, finding it did not manufacture, sell, or distribute the brakes that caused decedent’s illness.
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