Stack to hear motions in asbestos case

Steve Gonzalez Oct. 14, 2004, 8:44am

Circuit Judge Daniel Stack will hear all pending motions in his weekly asbestos motion docket hearing Oct. 22 on Robert Cannon v. A.W. Chesterton . Cannon, who lives in Washington, suffers from mesothelioma.

The long list of 124 defendants includes Boeing, GE, GM, to Sears, Lorillard Tobacco and Pfizer.

Seeking damages in excess of $750,000 plus costs, Cannon claims that his exposure to asbestos came from leisure activities, such as auto maintenance and home remodeling. He alleges that the defendants knew, or should have known that the asbestos fibers contained in their products had a toxic, poisonous, and highly deleterious effect upon his health.

Cannon will argue that the defendants had a duty to exercise reasonable care and caution for his safety, his wife’s safety, and others working with asbestos.

Judge Stack recently argued the "astronomical burden" of looming trials demanded he dismiss cases that were not connected directly to Madison County.

In Paul & Lorraine Palmer v. Riley Stoker Corp. et. al., Stack ordered the case moved to a courtroom closer to "where the plaintiff claims (asbestos) exposure." The Palmers reside in Baton Rouge, La.

Cannon, who was diagnosed with the deadly disease Sept. 17, 2003, is represented by the Simmons Cooper firm of East Alton.

Cannon claims his wife, Joyce, who was employed during the 1970s as a lab technician would on many occasions work with or around asbestos-containing products. He claims that dust created by working with and around asbestos products would stay on his wife’s clothing and she would bring the dust home.

Cannon was employed as a truck driver, laborer, millwright, logger, welder, retail worker and ferry operator at various locations from 1952-1994.

The Dow Company will argue that this case does not belong here due to forum non conveniens.

Other defendants have argued that Cannon failed to state what asbestos fibers he was exposed to. and that he fails to state a cause of action.

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