Wyoming man's estate files Madison County asbestos complaint

Steve Gonzalez Feb. 25, 2008, 3:24am

The estate of a Wyoming man filed an asbestos suit against 64 defendant corporations in Madison County Circuit Court Feb. 11, alleging his exposure to asbestos led to his death.

According to the complaint, Clive Yarber was diagnosed with mesothelioma on March 1, 2007, and died a short time later.

His estate 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.

Yarber was employed from 1940 through 1959 as a pipefitter, welder and iron worker at various locations.

"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," the complaint states.

Yarber's estate 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.

His estate also 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.

The estate also claims that the defendants failed to require and advise employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.

Yarber's estate also claims that they had sought, but had 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.

His estate claims that as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information he 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.

As a result of the alleged negligence, Yarber's estate claims he was exposed to fibers containing asbestos. He developed a disease caused only by asbestos which has disabled and disfigured him prior to his death, the complaint states.

The estate is seeking at least $250,000 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.

Yarber's estate is represented by Timothy Thompson and G. Michael Stewart of SimmonsCooper in East Alton.

The case has been assigned to Circuit Court Judge Daniel Stack.

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