Laryngeal cancer caused by asbestos exposure, suit claims

Kelly Holleran Aug. 28, 2008, 4:17am

A Missouri man recently diagnosed with laryngeal cancer and his wife have filed an asbestos suit against 72 defendant corporations, claiming the disease was wrongfully caused.

Gary and Mary Jane Nichols claim Gary was diagnosed with the disease Feb. 18, according to a lawsuit filed Aug. 25 in Madison County Circuit Court.

Gary says he has worked since 1959 as an assembler, tool maker and supervisor for General Motors Corporation, according to the lawsuit.

Gary and Mary Jane Nichols state Gary's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

They claims his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.

Gary and Mary Jane Nichols allege the asbestos-causing disease has disabled and disfigured Gary and has and will continue to compel him to expend and become liable for large sums of money for hospital, medical, and other health and services necessary for the treatment of the disease.

Gary Nichols also has and will continue to experience great physical pain and mental anguish as a result of the disease, he claims in the lawsuit.

Laryngeal cancer hindered and prevented Gary Nichols from pursuing his normal course of employment, according to the suit.

As a result, Gary Nichols lost large sums of money, he claims.

Mary Jane Nichols, as well as other family members, have been deprived of the companionship, society and services of Gary Nichols, she claims.

In the seven-count lawsuit, Gary and Mary Jane Nichols are seeking sums in excess of $100,000; punitive and exemplary damage in excess of $100,000; compensatory damages in excess of $150,000, including the cost of the suit and any other relief the Court deems just and equitable.

They also seek punitive damages in an amount sufficient to punish Ferris Kimball Company, LLC, Sprinkmann Sons Corporation, Sprinkmann Insulation, Inc., and Young Insulation Group of St. Louis for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.

He is represented by Elizabeth Heller, Keith Short and Robert Rowland of Goldenberg, Heller, Antognoli, Rowland & Short in Edwardsville.

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