Ford Motor Co. v. Boomer

Facts

Lokey died after contracting mesothelioma. Prior to his death, he testified at trial in a de bene esse deposition that he worked for eight years as a state trooper. His job included observing vehicle inspections, during which mechanics used compressed air to blow out breaks. According to expert testimony, this process included exposure to chrysotile asbestos, a type of asbestos which is not safe at any level of exposure. The experts further testified such exposure was a substantial contributing factors in Lokey’s development of mesothelioma.

Lokey also had worked, several decades prior, in a Naval shipyard in which he blew sand into pipes. This process may have also involved exposure to asbestos, although Lokey testified he did not recall if he was exposed to asbestos. Expert testimony for the defense introduced evidence which claimed those exposed to asbestos-filled brakes were at no higher risk than others at developing mesothelioma. Another expert, after analyzing Lokey’s lung tissue, concluded the mesothelioma found on Lokey’s lung was more likely that developed over several decades; however, the same expert admitted any exposure to asbestos was a substantial contributing factor in the development of mesothelioma.