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Illinois Man Files Abestos Lawsuit Alleging Negligence, Conspiracy, and Spoliation of Evidence
By asbestoshub | August 19, 2008
Posted on AsbestosHUB.
Raymond Hostert, an Illinois man who discovered he was suffering from mesothelioma in June of this year, has filed an asbestos suit against 79 defendant corporations.
Mr. Hostert, was employed as a machine operator, drill press operator, truck driver and mechanic from 1952 through 1999 at various locations throughout Illinois. During the course of his employment and during home and automotive repairs, Hostert claims he was exposed to and inhaled asbestos fibers emanating from dcertain products he was working with and around.
Defendants in the case 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.
Hostert 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.
Hostert 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, Hostert 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.
Hostert 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.
Hostert 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.
“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.
Hostert is seeking at least $400,000 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.
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Topics: Lawsuits |
