Sunday, July 27, 2008

New asbestos suit filed in madison county

Madison County, Illinois - A resident of Florida who was diagnosed with mesothelioma has filed an asbestos-related lawsuit in Madison County Circuit Court, Illinois, on May 22. The man is Leo Flynt, who alleges that during the course of his employment as an electrician between 1946 and 1977 in Florida, Indiana, and Illinois, he was exposed to inhalable asbestos fibers which were released by asbestos-containing products he worked with or near. He was diagnosed with mesothelioma on January 1, 2008. Leo Flynt names a total of 59 defendants in his suit, including Bondex International, CBS, Chrysler, Federal-Mogul Asbestos Personal Trust, Ford Motor Company, General Electric, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, International Paper, Lucent, John Crane, MetLife, Owens-Illinois, Philips Electronics and Trane US. The lawsuit claims that the defendants either knew or should have known that asbestos is a dangerous substance, and that asbestos exposure has a toxic effect which can lead to the development of asbestos cancer and other serious diseases. “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.” In addition, Leo Flynt’s lawsuit claims that the defendants continued using asbestos in their manufactured products even though substitutes for asbestos were available to be used. Flynt also claims that the defendants failed to warn that asbestos was dangerous, failed provide any instructions about working safely with or around asbestos, and failed to warn employees that asbestos fibers could be carried home on clothing. As a result, Leo Flynt alleges that he was negligently exposed to dangerous asbestos fibers, and developed deadly mesothelioma. Finally, the lawsuit also alleges that some of the defendants in the case destroyed documents relating to the use of asbestos, and that as a result Leo Flynt’s ability to build an effective case has been damaged. “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.” Leo Flynt is seeking compensation to pay for treatment and lost income and for the physical pain and mental anguish he has suffered as a result of being diagnosed with mesothelioma. In addition he is seeking damages of at least $300,000 in punitive damages, due to the “damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence” of the defendants. (Source: Asbestos and Mesothelioma News)

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