CBS asks judge to dismiss Madison County asbestos lawsuit

Steve Gonzalez Oct. 21, 2008, 9:16am

CBS is asking Madison County Circuit Judge Daniel Stack to dismiss Ronald Brust's asbestos complaint because it fails to identify specific products he was exposed to.

Represented by Daniel Donahue of St. Louis, CBS also argues the statute of limitations has expired.

Brust filed suit Aug. 26 alleging his lung cancer was caused from exposure to asbestos and asbestos containing products.

He was diagnosed with lung cancer on June 24.

According to Brust, he worked from 1961 until 2003 as a plasterer, jet engine mechanic, and dry waller at various locations throughout Illinois and Missouri.

Brust states his exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

But, CBS argues the statute of repose relating to products liability cases has expired.

CBS also argues Brust's complaint fails to allege that any exposure is a substantial factor in the proximate causation of his injuries.

CBS further argues the counts seeking punitive damages should be dismissed because a 735 ILCS 5/2-604.1 hearing has not been held.

In addition, the complaint fails to plead sufficient facts to support caused of action against CBS based upon negligent or willful and wanton spoliation of evidence, the motion argues.

CBS asks that Stack dismiss all counts of Brust's complaint that are directed against them.

Besides CBS, Brust's complaint seeks damages from 73 other defendants.

Brust alleges the asbestos-related disease has disabled and disfigured him and has and will continue to compel him to expend and become liable for large sums of money for hospital, medical, and other health and services necessary for the treatment of the disease.

Brust also has and will continue to experience great physical pain and mental anguish as a result of the disease, he claims in the lawsuit.

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

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

In the five-count lawsuit, Brust seeks sums in excess of $50,000; punitive and exemplary damage in excess of $100,000; and compensatory damages in excess of $100,000.

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 of misconduct in the future.

Brust is represented by John A. Barnerd and Randy S. Cohn of SimmonsCooper in East Alton.

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