Posted on AsbestosHub May 24, 2008
Three living mesothelioma victims who filed suit in Madison County in May 2008 are asking Circuit Judge Daniel J. Stack to grant their motions for an immediate setting of trial date since their physicians have indicated they have a very short period of time to live.
The plaintiffs, whose residences are not identified in the complaints, claim that a provision in the Illinois constitution guarantees that a litigant has the right to “obtain justice by law, freely, completely, and promptly.”
The litigants also claim that all general discovery in their cases is complete and point to a previous order issued by Stack in which the judge said he would consider cases out of random drawing based upon hardships.
The plaintiffs argue that a 1983 Second District appellate ruling in Froud v. Celotex could cause their claims for punitive damages to be denied unless their cases are tried prior to their deaths.
They claim they can provide Stack with “clear and convincing evidence” that they have “substantial claims for punitive damages.”
The plaintiffs claim they will each suffer “great prejudice and irreparable harm” if they cannot try their cases before they die.
They ask Stack to add them to the Jan. 12, 2009 docket in order to reasonably ensure that they survive to prosecute their claims and personally appear before a jury.
Stack set the motions for a hearing at 10 a.m. on June 27.
Plaintiff George Mielke filed suit against 102 defendant corporations alleging he was exposed to asbestos and asbestos containing products while employed as an electrician from 1956 to 1997 at various residential and industrial locations throughout Illinois. He was diagnosed with mesothelioma in December 2007.
Plaintiff Stanley Kaminski names 101 defendant corporations alleging he was diagnosed with mesothelioma on April 4, 2008. He claims he was exposed to asbestos while working as a laborer and maintenance mechanic at various industrial locations throughout Illinois from 1954 through 2001.
Plaintiff Stanley O’Day claims he was employed at various jobs throughout his career, including the Navy Reserves in 1949, residential construction from 1950 to 1970 and at various industrial sites in Illinois, Louisiana and Texas from 1958 to 1963. He names 59 defendant corporations and claims he was diagnosed with mesothelioma on March 12, 2008.
The plaintiffs also claim they were exposed to asbestos during non-occupational work projects including home and automotive repairs, maintenance and remodeling.
The trio also claim that the defendants failed to require and advise employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home which them to develop a disease caused only by asbestos which has disabled and disfigured them.
They also claim that they have sought, but has been unable to obtain, full disclosure of relevant documents and information from some defendants leading them to believe those defendants destroyed documents related to asbestos.
They claim that as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information they have been prejudiced and impaired in proving claims against all potential parties.
Each case is seeking compensatory and punitive damages in excess of $400,000, plus costs.
