Colorado woman claims husband's lung cancer wrongfully caused

Kelly Holleran Sep. 23, 2008, 4:00am

A Colorado woman has filed an asbestos suit on behalf of her recently deceased husband against 60 defendant corporations, claiming the lung cancer with which he was diagnosed was wrongfully caused.

Frances D. Kerr claims Donald R. Kerr was diagnosed with the disease Dec. 28, 2006, according to a lawsuit filed Sept. 19 in Madison County Circuit Court.

Frances says Donald worked from 1956 until 1960 in the U.S. Navy on various ships at sea and in Illinois, according to the lawsuit.

Frances states Donald's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

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

Frances alleges the asbestos-related disease caused Donald to incur substantial medical costs. Donald also experienced great physical pain and mental anguish as a result of the disease, Frances claims in the lawsuit.

Lung cancer hindered and prevented Donald from pursuing his normal course of employment, according to the suit.

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

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

His family spent substantial amounts on funeral and burial costs, according to the complaint.

Frances claims she has suffered interference with and impairment of hers and Donald's marital relationship and those elements of married life she was used to, including support, devotion, care, society and consortium.

In the four-count lawsuit, Frances seeks sums in excess of $150,000 and compensatory damages in excess of $50,000.

She is represented by Richard L. Saville, Jr., Robert J. Evola, Ethan A. Flint and David J. Page of Alton.

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