Colorado claimant files asbestos suit on behalf of father

Kelly Holleran Aug. 28, 2008, 9:42am

A Colorado man has filed an asbestos suit on behalf of his father against 13 defendant corporations, claiming the mesothelioma his father was diagnosed with was wrongfully caused.

Steven Dux claims his father, Andres Martinez, was diagnosed with the disease March 14, 2007, and died Nov. 6, according to a lawsuit filed Aug. 27 in Madison County Circuit Court.

Dux says his father worked from 1952 until 1990 as a laborer and heavy equipment operator at various locations, according to the lawsuit.

Dux states his father's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

He claims his father's disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.

Dux alleges his father's asbestos-related disease disabled and disfigured him and compelled 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.

Martinez experienced great physical pain and mental anguish as a result of the disease, Dux claims in the lawsuit.

Mesothelioma has hindered and prevented Martinez from pursuing his normal course of employment, according to the suit.

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

Because of Martinez's death, his family has been deprived of his means of support and has lost his society, the suit states.

Martinez's family spent substantial amounts of money for his funeral and burial, Dux claims.

In the two-count lawsuit, Dux seeks sums in excess of $50,000 and compensatory damages in excess of $100,000.

He also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.

He is represented by Robert Phillips, Nicholas J. Angelides, John A. Barnerd and Perry J. Browder of Simmonscooper LLC in East Alton.

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