Facts

In 2004, Eileen Honer was diagnosed with malignant pleural mesothelioma. Honer's father and brother had been insulation subcontractors working on the original construction of the Ford Lincoln Mercury assembly plant in Metuchen, New Jersey, in 1947. Honer sued Ford Motor Co. (Ford) and Merck & Co. Inc. (Merck) for premises liability arguing that she was injured by airborne take-home exposure to asbestos while shaking out and laundering her family's work clothes during their tenure at the plant. Honer settled confidentially with Merck during trial.

PLAINTIFF'S CONTENTIONS:
Honer claimed that Ford owed a duty to protect its employees from the hazards of asbestos. She further argued that Ford knew of the dangers of asbestos but still failed to warn contractors and subcontractors of that danger. She offered expert testimony demonstrating that the dangers had been known since the early 1900s. She also offered the testimony of a Ford executive who testified that Ford was aware of the danger as early as the 1930s.

DEFENDANT'S CONTENTIONS:
Ford argued that it neither knew nor could have known of the dangers of asbestos at the time Honer's family worked in the plant and that mesothelioma and its connection with asbestos-exposure was not revealed until the 1960s. Ford placed fault with the manufacturer of the pipe covering and insulation (Baldwin, Ehret & Hill), the subcontractor hired to install the piping (August Agrace), the general contractor (Wigton Abbott), and the Honer family's employer (Charles S. Woods Co. of New Jersey).

Damages

Honer sought damages for past and future pain and suffering.

Injuries

Honer claimed malignant mesothelioma requiring chemotherapy. She claimed her cancer prevented her from continuing her active lifestyle of walking and bike-riding. She claimed she no longer could performed household chores without losing her breath. She also claimed that the mesothelioma has shortened her life expectancy from approximately eight years to one-to-two years.

Result

The jury awarded plaintiff $800,000 for pain and suffering, and divided up liability accordingly: 5 percent to Ford, 10 percent to August Agrace, 15 percent to Baldwin, Ehret & Hill, 60 percent to Charles S. Woods Co., and 10 percent to Wigton Abbott.

Deliberation

1.5 days

Length

13 days