Utah man sues 124 defendants in Madison County suit

Kelly Holleran Sep. 15, 2008, 8:29am

An Utah man and his wife have filed an asbestos suit against 124 defendant corporations, claiming the mesothelioma with which the man was diagnosed was wrongfully caused.

Harold P. and Marjorie Rutherford claim Harold was diagnosed with the disease in June, according to a lawsuit filed Sept. 11 in Madison County Circuit Court.

They say Harold worked from 1963 until 1968 and from 1970 until 1971 as a laborer at Albertson's and from 1965 until 1968 as a laborer at Anoconda Smelting & Refinery Co.

They claim Harold also worked from 1969 until 1970 as a laborer in the Army, from 1970 until 1971 as a laborer at Wagstaff Toyota, in 1971 as a laborer at Allied stores and from 1971 until 1988 as a laborer at various companies.

They state Harold's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

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

The Rutherfords allege the asbestos-related disease disabled and disfigured Harold and has caused substantial medical costs. Harold also has and will continue to experience physical pain and mental anguish, they claim in the lawsuit.

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

As a result, he lost large sums of money, the Rutherfords claim.

Because of the disease, Marjorie claims she has been deprived of the companionship, society and services of James.

In the 11-count lawsuit, the couple is seeking sums in excess of $100,000, punitive and exemplary damages in excess of $100,000, economic damages in excess of $150,000, compensatory damages in excess of $150,000, and for other relief the Court deems appropriate.

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 in the future.

They are represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates in Alton.

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Organizations in this Story

Gori Julian & Associates
156 N Main St
Edwardsville, IL 62025

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