Utah claimant files asbestos complaint in Madison County

Kelly Holleran Oct. 2, 2008, 11:00am

A Utah woman has filed an asbestos suit on behalf of her recently deceased husband against 13 defendant corporations, claiming the mesothelioma with which he was diagnosed was wrongfully caused.

Dona Childs claims Robert Childs was diagnosed with the disease Nov. 15, and died July 5, according to a lawsuit filed Oct. 1 in Madison County Circuit Court.

Dona says her husband worked from 1958 until 2003 as a laborer at various locations, according to the lawsuit.

Dona states Robert'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.

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

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

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

Because of Robert'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.

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

She 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.

She is represented by Robert Phillips and Perry J. Browder of SimmonsCooper LLC in East Alton.

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