A New Jersey state appeals panel upheld sanctions imposed on Ford Motor Co. for withholding evidence before an asbestos trial, ruling that the court’s action was warranted due to the “exceptionally troubling” nature of the move.
A three-judge panel with the Superior Court of the State of New Jersey, Appellate Division, affirmed the decision of the Middlesex County Superior Court, stating that the court did not abuse its discretion in ordering Ford to pay over $14,000 to the estate of Anita Creutzberger and informing the jury of the company’s violation of a discovery order.
Verdict in Favor of Estate
The jury ultimately ruled in favor of Creutzberger’s estate, which alleged that her mesothelioma resulted from exposure to asbestos in brake dust accumulated on her husband’s clothes during his three-decade career as a service manager for Ford and Lincoln dealerships.
The judges acknowledged Ford’s contention that the sanctions were significant but maintained that the discovery violation was “exceptionally troubling and deliberate,” given Ford’s history of resistance to discovery requests and the violation occurring despite a negotiated consent order.
Creutzberger’s daughter pursued legal action against Ford and others, seeking accountability for her mother’s mesothelioma. Despite dismissing seven other defendants from the lawsuit, claims against Ford proceeded to trial.
The estate sought corporate training materials to support its argument that Ford had not adequately warned its dealerships about the risks of brake dust. During a 2014 deposition, a Ford representative claimed an inability to locate the materials. However, when confronted with a 1974 manual, the representative admitted to its existence, prompting the estate to move for sanctions.
In March 2015, the court ruled in favor of the estate, ordering a directed verdict on duty and breach of duty issues and informing the jury of Ford’s evidence withholding. Ford was also directed to pay attorneys’ fees and costs totaling $14,419.30.
Despite Ford’s motion for a new trial being denied, the jury awarded the estate $800,000 in compensatory damages in June 2019. Following further legal proceedings, a final judgment of $1 million, inclusive of interest and counsel fees, was entered against Ford.
Attorney Christopher M. Placitella of Cohen Placitella & Roth PC expressed satisfaction with the Appellate Division’s decision, hoping it would bring closure to the Creutzberger family after their prolonged legal battle with Ford.
