Maytag, Whirlpool argue asbestos case should be dismissed

Steve Gonzalez Oct. 13, 2008, 4:46am

Maytag and Whirlpool have asked Madison County Circuit Judge Daniel Stack to dismiss an asbestos suit filed by the estate of an Illinois man who died from mesothelioma.

Represented by Daniel Donahue and Jacob Sawyer of Foley & Mansfield in St. Louis, Maytag and Whirlpool argue the plaintiff fails to identify the products exposed to, the dates of the exposure, the location of the exposure, and the time frame the products were supplied.

Maytag and Whirlpool argue the complaint lacks sufficient facts so it may make a defense.

The estate of Wilfred Korando filed suit Aug. 15, alleging his disease was wrongfully caused.

Korando was employed from 1954 through 2004 as a mechanic, washer and dryer maintenance man, and commercial window installer at various locations throughout Illinois.

During the course of his employment and during home and automotive repairs, Korando's estate claims he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers emanating from certain products he was working with and around.

In addition to Maytag and Whirlpool, Boeing, Chrysler, C.P. Hall, Ford Motor Company, General Electric, General Motors, Goodyear, Hawker Beechcraft, Ingersoll-Rand, International Paper, John Crane, McDonnell Douglas, MetLife, Philips Electronics, Pratt & Whitney and Rolls-Royce are named as defendants.

Korando's estate states he died from his illness on Jan. 21, 2007, after a seven-month battle.

Maytag and Whirlpool also argue the case should be dismissed because the complaint fails to plead sufficient facts in order to apprise them of the frequency and proximity with which Korando is alleged to have been exposed to asbestos from their respective products.

They also argue the suit is barred because the statute of limitations has expired and is also barred because it is barred by the applicable workers compensations statutes.

Maytag and Whirlpool further argue the stature of repose bars the strict liability count of the complaint since there are no facts that would establish that the action was filed within 12 years from the date of first sale, or within ten years from the date the product came into Korando's possession.

They further argue that the case should be transferred to another venue since the complaint has failed to show any defendant is a resident of Madison County who is joined in good faith and with probable cause for the purpose of obtaining a judgment against them and not soley for the purpose of fixing venue in Madison County.

Maytag and Whirlpool argue the case should be dismissed based on the doctrine of forum non conveniens.

Stack has yet to set a hearing on the motions.

The estate is seeking damages in excess of $250,000.

John Barnerd and Amy Garrett of SimmonsCooper in East Alton represent Korando's estate.

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Organizations in this Story

The Boeing Company
100 N Riverside Plaza
Chicago, IL 60606

Ford Motor Company
1 American Rd
Dearborn, MI 48126

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