Document oe7zQoEB2Ozmqd52V107oBKE3
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1 We are very fortunate because we hear the
1 You can't push it off on somebody else, and
2 words of Mr. Grewe and Mr. Grossblat.
2 it doesn't matter if you didn't make it, if you are
3 Remember, if it goes in when they make it,
3 putting your name on it, you are responsible. That
4 it comes out.
4 makes sense to all of us.
5 You may even hear some evidence at some
5 Knowledge gives you a duty, and that is what
6 point in time, and this would be kind of hard to pin
6 this case is all about, ladies and gentlemen.
7 down, but at some point in time probably in the mid
7
Now, in order to know about knowledge, we
8 70s because of what was going on and what I am going 8 have to go back in history. What people knew and when
9 to tell you about what Ford knew, Mr. Grewe started
9 they knew about it. We have got to go back in
10 wearing a dust mask, a dust mask, something to just
10 history.
11 cover up a little bit. You might hear a little bit of
11
When we go back in history, we are going to
j
12 evidence about that.
12 talk about something called state of the art. State
13
When you hear our doctors talk -- when you
13 of the art.
14 hear our doctors talk in this case, you ask yourself, 14 All that is is what was known out there in
15 did that dust mask really do what needed to be done,
15 the literature, what was known or could have been
16 and shouldn't someone have told him to do more?
16 known or should have been known by companies that were
17 Ladies and gentlemen, that is how we get
17 fooling with this stuff.
18 here. Mesothelioma kills, asbestos causes
18 Ladies and gentlemen of the jury, the
19 mesothelioma. These men are exposed to asbestos from 19 evidence will show that by the 1930s it was known that
20 the products of Ford, Owens-Illinois, and Owens-
20 asbestos causes asbestosis.
21 Corning.
21 You may say to yourself, okay, that is
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1 You must be looking at me saying why, Mr. 1 asbestosis. What does that got to do with
j
2 Shellenberger, why are we going to hold these people
2 mesothelioma?
3 responsible? Why should they be held responsible for
3
The Judge will talk to you about that in
4 something that happened 30, 40 years ago, 20 years
4 closing. He will talk to you about that in closing,
i
5 ago? Why?
5 but the evidence will show that you don't have to know 1
6 The why comes down to one word,
6 the specific harm that you are causing. You just have
7 "knowledge." Isn't that why we hold people
7 to know that you could cause a harm. That creates a
8 responsible for things that they know?
8 duty.
9 Ladies and gentlemen of the jury, the
9 Asbestosis by the 1930s is a known link to
10 evidence will show that what these companies knew,
10 asbestos and is a potentially fatal disease.
11 should have known, could have known if they had just 11
In 1930 a man named Merewether, over in
12 walked across to the library and looked, what they did 12 England, it is over in England, but it was known and
13 know and what they didn't do about it is what this
13 published here in the U.S, or available - a
14 case is all about.
14 researcher over in England had studied asbestos
15
It is what this case is, knowledge, and that
15 workers and found asbestosis in one out of four.
16 is what the judge will tell you is what this case is 16 1930, ladies and gentlemen. We are 27 years
17 all about and when he gives you the instructions at
17 before Mr. Grewe steps foot in Foreign Motors. We are
18 the end of the case, because when you have knowledge, 18 20 years before Mr. Vandergucht breaths the first dust
19 you have a duty, a duty to those people down the line 19 ofKaylo. 1930.
20 who are going to touch your product, and it is a
20 The term asbestosis was first coined by a
21 nondelegable duty.
21 researcher named Cooke in 1927, and it was published
18 (Pages 219 to 222)