Son files asbestos suit on deceased father's behalf

Kelly Holleran Sep. 2, 2008, 8:11am

Steven Dux has filed an asbestos suit on behalf of his deceased father against 13 defendant corporations, claiming the mesothelioma with which his father was diagnosed was wrongfully caused.

Dux claims 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.

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 the asbestos-related disease forced his father to pay large amounts for medical expenses. Martinez also experienced great physical pain and mental anguish as a result of the disease, Dux claims in the lawsuit.

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

As a result, Martinez lost large sums of money, Dux claims.

A large amount of money was also spent on Martinez's funeral and burial, according to the suit.

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

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 in the future.

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

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