California claimant says ex-husband's and father's clothes caused illness
A California woman who suffers from mesothelioma filed an asbestos suit against 76 defendant corporations in Madison County Circuit Court April 25, alleging she was exposed to airborne asbestos fibers from her father's and ex-husband's clothing.
Maria Cavallini claims her ex-husband, Dan Gardner, was employed as a salesman and laborer at various locations across the country.
Her father, Publio Cavallini, worked as a tile installer.
"Dust created by working with and around asbestos and asbestos-containing products would permeate the person and clothing of the plaintiff's family members," the complaint states. "This dust contained asbestos fiber."
Cavallini claims her father and ex-husband would carry the asbestos dust on their clothing home with him where it would again become airborne.
"The plaintiff would be repeatedly exposed to this asbestos dust from her family members' person and clothing," the complaint states.
Cavallini was employed as a flight attendant at various locations including Illinois.
She claims she was also exposed to asbestos during non-occupational work projects including home and automotive repairs, maintenance and remodeling.
Cavallini was diagnosed with mesothelioma on Feb. 14, and subsequently became aware that her illness was wrongfully caused, the suit claims.
The complaint alleges that defendants failed to require and advise their employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.
As a result of the alleged negligence, Cavallini claims she was exposed to fibers containing asbestos, and developed a disease caused only by asbestos which has disabled and disfigured her.
She also claims that she has sought, but has been unable to obtain, full disclosure of relevant documents and information from the defendants leading her 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.
Cavallini claims that as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information she 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.
Represented by Nicholas Angelides, John Barnerd, Perry Browder, Tim Thompson and Richard Saville of SimmonsCooper in East Alton, Cavallini is seeking compensatory damages in excess of $300,000, plus punitive damages.
"An award of punitive damages is appropriate and necessary in order to punish defendants for their willful, wanton, intentional and/or reckless misconduct and to deter defendants and others from engaging in like misconduct in the future," the complaint states.
The case has been assigned to Circuit Judge Dan Stack.
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