Ford Motor Co. v. Boomer
Virginia Supreme Court
736 S.E.2d 724 (2013)
James Lokey, a longtime state trooper, was regularly exposed to asbestos-laden brake dust while supervising mechanics using compressed air on brakes containing asbestos manufactured by Bendix and installed in Ford vehicles; he later developed mesothelioma and, before his death, testified to the extent of his exposure. Lokey had also previously worked around asbestos as a shipyard pipefitter, and experts disputed at trial whether the brake exposure was a substantial cause of his cancer given his other exposure history. The trial court instructed the jury to determine whether the defendants' negligence was a "substantial contributing factor" to Lokey's mesothelioma, and the jury awarded Boomer (plaintiff, on Lokey's behalf) over $282,000; Ford and Bendix (defendants) appealed the causation instruction.
Whether the negligent actions of two or more defendants that concurrently and sufficiently cause a plaintiff to become injured may result in each defendant being held liable for the harm caused.