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Tennessee man files asbestos suit in Madison County
7/9/2007 12:00 PM
A Tennessee man suffering from mesothelioma filed an asbestos suit in Madison County Circuit Court June 27, claiming his disease was wrongfully caused.
James Weese claims he was employed from the early 1940s through the early 1990s as a pipefitter, laborer and welder in various locations including Illinois.
Weese claims that during the course of his employment and during home and automotive repairs he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers emanating from certain products he was working with and around.
He names 118 defendant corporations that include Alcoa, CBS, Discount Auto Parts, Dow Chemical, Exxon Mobil, Ford Motor Company, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, John Crane, Owens-Illinois, Pabst Brewing, Sears and U.S. Steel.
"The plaintiff's exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants," the complaint states.
Weese claims the defendants knew or should have known that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of people.
According to Weese, he was diagnosed with mesothelioma on March 16, and later learned his disease was wrongfully caused.
Weese alleges that the defendants included asbestos in their products even when adequate substitutes were available and failed to provide any or adequate instructions concerning the safe methods of working with and around asbestos.
He also claims that the defendants failed to require and advise employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.
As a result of the alleged negligence, Weese claims he was exposed to fibers containing asbestos. He developed a disease caused only by asbestos which has disabled and disfigured him, the complaint states.
He seeks damages to help pay for the cost of his treatment.
Weese also suffers "great physical pain and mental anguish, and also will be hindered and prevented from pursuing his normal course of employment, thereby losing large sums of money," the complaint states.
He is seeking at least $250,000 in damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence among other allegations.
"In addition to compensatory damages, an award of punitive damages is appropriate and necessary in order to punish the defendants for willful, wanton, intentional and reckless misconduct and to deter them and others from engaging in like misconduct in the future," the complaint states.
Weese is represented by Tim Thompson of SimmonsCooper in East Alton.
The case has been assigned to Circuit Court Judge Daniel Stack.
07 L 575
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