A Japanese brake manufacturer must face an Illinois lawsuit alleging that asbestos in its products caused a dealership worker’s son to develop fatal mesothelioma, an Illinois appeals court ruled.
In Taylor v. Japan Brake Industrial Co. Ltd., the Appellate Court of Illinois, Fifth District, on Tuesday affirmed a lower court ruling that Illinois courts have specific jurisdiction over Japan Brake, which sought to have the case of so-called take-home occupational illness dismissed.
Melissa Taylor sued Japan Brake and other companies on behalf of her late husband, Donald Taylor, who allegedly encountered asbestos fibers brought home on his father’s clothing from a Datsun/Mazda dealership in Alton, Illinois. Mr. Taylor died in 2019.
Japan Brake argued it operated in Japan and did not manufacture, sell or distribute products directly in Illinois.
A three-judge appellate panel said, however, that the company made brake parts for Honda and Mazda vehicles it knew would be sold throughout the United States, including Illinois. The company also tailored the parts to meet U.S. safety standards, tracked American vehicle sales and sent representatives to Chicago to research business opportunities, the ruling said.
Those activities were not “random, isolated, or attenuated” contacts with Illinois, the court said.
The panel also said Illinois has a strong interest in resolving claims involving an Illinois resident’s alleged exposure to asbestos-containing automotive products in the state.
This article was first published by Business Insurance.
