Legal Opinion · Dissent

Matter of New York City Asbestos Litig.

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 2017No. 190315/12 2458 2457Published

1DissentFeinman, J.

In this products liability action based on defendant Ford Motor Company’s failure to warn *243decedent of the dangers of asbestos-containing products it sold or distributed, the jury returned a verdict in plaintiffs’ favor after a trial lasting 20 days. Among its findings, the jury determined (1) that decedent Arthur Juni, Jr. was exposed to asbestos from products sold or distributed by Ford Motor Company, (2) that Ford failed to exercise reasonable care by not providing an adequate warning with respect to the hazards posed by such exposure, (3) that Ford’s failure to warn was a substantial cause…

2Cases cited22 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Szczerbiak v. PilatNew York Court of Appeals · 1997
  3. Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
  4. Parker v. Mobil Oil Corp.New York Court of Appeals · 2006
  5. Wright v. Willamette Industries, Inc.Court of Appeals for the Eighth Circuit · 1996

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