Mesothelioma

Dietiker filed a worker's compensation claim against Ford, alleging that his cancer was caused by exposure to asbestos in the workplace.

That claim is currently pending before the Commission.

In July 2003, Mr.

Dietiker's wife and children ("Dietikers") filed a wrongful death action in the Circuit Court of Jackson County against Ford, Mr.

Scott, who was the Industrial Relations Manager at the Claycomo plant during the relevant time period, and various "John Doe" companies that manufactured or sold asbestos products used at the Claycomo plant.

The six-count petition alleged: Count I - a negligence claim against all defendants; Counts II and III - strict liability claims against Ford and the John Doe defendants relating to asbestos products that Mr.

Dietiker purchased for his personal use; Count IV - a wrongful death claim against Ford for intentional conduct relating to the presence of asbestos in the workplace: Count V - a wrongful death claim against Ford and Mr.

Scott for fraudulently concealing the presence of asbestos in the workplace; and Count VI - a loss of consortium claim for Mrs.

Dietiker relating to all preceding counts.

Ford and Mr.

Scott filed a motion to dismiss the workplace injury claims in Counts I, IV, V, and VI, for lack of subject matter jurisdiction.

On December 3, 2003, the circuit court granted the dismissal on Count I but stayed discovery on Counts IV,...

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