Volkswagen Held Liable for Mechanic's Fatal Mesothelioma
After trial: Reduced and affirmed. The Court of Appeals affirmed on September 16, 2024, and the Washington Supreme Court denied review on the jurisdiction question in early 2025, leaving the $4.7 million judgment in place.
Won by Oslund Udo Little, PLLC.
A King County jury found Volkswagen liable for selling brake parts that exposed a Spokane Volkswagen mechanic to unwarned asbestos, causing his fatal mesothelioma. The jury awarded $5.75 million in December 2022, which the trial court reduced to $4.7 million. The Washington Court of Appeals affirmed the judgment against both Volkswagen Group of America and its German parent company in September 2024, rejecting challenges to the verdict, the denied jury instructions, and personal jurisdiction over the parent. Volkswagen Group of America did not seek further review and acknowledged that the judgment against it would stand regardless of its parent's petition to the state Supreme Court, which denied review in early 2025.
What happened
Thomas 'Tony' Sorrentino worked as a mechanic at United Volkswagen in Spokane from 1972 to 1975, mostly servicing brakes and clutches on Volkswagen vehicles. He performed hundreds of brake jobs over those years, using compressed air to clear brake dust, a step that threw clouds of dust into the shop air. Nearly every brake and clutch part he installed, almost all of them genuine Volkswagen replacement parts, contained asbestos.
In 2020 a doctor diagnosed Sorrentino with mesothelioma. He died in February 2021, shortly after giving deposition testimony in the lawsuit he had filed against Volkswagen Group of America and its German parent, Volkswagen Aktiengesellschaft, along with several other manufacturers of automotive friction products. His son, Jonathan, carried the case forward as personal representative of his father's estate.
At trial, Volkswagen did not dispute that its brakes and clutches contained asbestos through 1975, or that the company had understood since the 1940s that asbestos exposure could cause cancer. It also did not dispute that its brake boxes, instructional binders, and service bulletins carried no asbestos warning, and that Sorrentino received no training on asbestos hazards at the dealership.
The case went to a King County jury, which on December 19, 2022 found Volkswagen's brakes were not reasonably safe and were a substantial factor in causing Sorrentino's mesothelioma. The jury cleared Volkswagen of a separate negligence claim but awarded $5.75 million in damages. The trial court later reduced that award to $4.7 million.
Volkswagen appealed, arguing the trial court should have ruled in its favor as a matter of law, should have given three additional jury instructions on causation and industry custom, and lacked personal jurisdiction over the German parent company. The Washington Court of Appeals, Division One, rejected each argument and affirmed on September 16, 2024. On jurisdiction, the court pointed to the importer agreement between the German parent and its American subsidiary, which required the subsidiary to market Volkswagen vehicles in Washington specifically and to train dealership mechanics using materials the parent company wrote and printed in Germany.
Volkswagen Aktiengesellschaft alone petitioned the Washington Supreme Court for further review of the jurisdiction question. Volkswagen Group of America did not join that petition and told the court the judgment against it would stand no matter the outcome, while Sorrentino's estate moved to enforce the judgment against the American subsidiary in the meantime. Chandler Udo, Brendan Little, and Erica Bergmann of the Seattle firm then known as Bergman Oslund Udo Little, now Oslund Udo Little, represented Sorrentino's estate through trial and appeal.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.The Spokesman-Review, Dec. 26, 2022·Archived copy
- 2.Washington Court of Appeals, Division One, Sorrentino v. Ammco Tools, Inc., No. 85202-7-I (Sept. 16, 2024), unpublished·Archived copy
- 3.Law360, 2024: reports the Court of Appeals affirming the $4.7 million judgment against Volkswagen over asbestos in its brake parts
- 4.Law360, Mar. 5, 2025
- 5.Washington Supreme Court No. 103628-1, Answer to Volkswagen Aktiengesellschaft's Petition for Review (Dec. 20, 2024)·Archived copy
More proven verdicts from Oslund Udo Little, PLLC
All Oslund Udo Little, PLLC proven verdicts →A King County jury awarded $13.5 million to the widow and children of Robert Conner, a Longview Fibre paper mill electrician who developed mesothelioma from asbestos exposure and died in March 2024. The jury found Union Carbide, which sold raw asbestos, and two corporate predecessors of Elementis Chemicals, which delivered that asbestos to the mill, negligent, and found that the negligence of both was a significant factor in causing Conner's injury. The verdict split $5.5 million to Conner's estate, $5 million to his widow Dorothy Conner, and $3 million to their children. Plaintiffs were represented by the Seattle firm Oslund Udo Little.
A King County jury found on August 4, 2023 that Dr. Kristine Brecht and her Burien clinic committed medical negligence, failed to obtain informed consent, and violated Washington's Consumer Protection Act, and judgment was entered for $13,034,186. Division One of the Court of Appeals affirmed on July 21, 2025.
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