Landmark Australian Asbestos Case Goes to Court of Appeal
The West Australian Court of Appeal ruled on Friday in favor of the Ford Motor Company, overturning a previous ruling in a landmark asbestos case. Prior to the hearing in the Court of Appeal, Ford had been ordered to pay the full amount of the legal costs of Antonino Lo Presti, a mechanic who passed away after contracting asbestosis. Asbestosis is caused by inhaling asbestos, and causes scarring and inflammation of the lungs, which can lead to death by respiratory failure. Asbestos is also linked to medical conditions like lung cancer and mesothelioma, a rare but aggressive form of cancer.
Lo Presti’s family took up the suit on behalf of the deceased. Lo Presti was 59 years old when he challenged Ford in court. His case was a landmark in Australian law, as Lo Presti was the first mechanic in Australia to win a successful asbestos negligence verdict against a car company. The ruling was handed down in February of last year.
Now, however, Ford will only be forced to pay out 50 to 60 percent of the legal costs, and not the full amount Lo Presti’s family was originally promised. The trial was brought on after Ford refused to settle for $450,000. Lo Presti’s family argued that the family would have to pay hundreds of thousands of dollars in legal costs. The legal battle has been going on since 2002, which was two years after Lo Presti was diagnosed with the lung disease.
