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New Jersey Man Files Mesothelioma Lawsuit in Illinois Court: Alleges Spoliation of Evidence
By asbestoshub | August 14, 2008
Posted on AsbestosHUB
John Scarduzio was employed a materials processor and plant manager from 1949 through 2000 at various locations. Mr. Scarduzio was diagnosed with mesothelioma in April of this year. In July he filed an asbestos lawsuit in Madison County Circuit Court in Illlinois.
Scarduzio 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 75 defendant corporations in his lawsuit, including include Bondex International, CBS, Chrysler, Federal-Mogul Asbestos Personal Trust, Ford Motor Company, General Electric, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, International Paper, John Crane, MetLife, Philips Electronics and Trane US.
Scarduzio 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 and 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, Scarduzio 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.
Scarduzio 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.
Scarduzio also claims that he has sought, but has been unable to obtain, full disclosure of relevant documents and information from the defendants leading him to believe the defendants destroyed documents related to asbestos.
“It was foreseeable to a reasonable person/entity in the respective positions of defendants, that said documents and information constituted evidence, which was material to potential civil litigation-namely asbestos litigation,” the complaint states.
Scarduzio alleges that as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information it has been prejudiced and impaired in proving claims against all potential parties. This is called spoliation of evidence.
“Plaintiff has been caused to suffer damages in the form of impaired ability to recover against defendants and lost or reduced compensation from other potentially liable parties in this litigation,” the complaint states.
Scarduzio is seeking at least $300,000 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.
Unfortunately for Mr. Scarduzio, it is too late.
Watch Tom Lamb report the story on Asbestos News Minute.
Topics: Lawsuits |
