Nine-year-old suit seeking recovery of asbestos losses continued again

A nine-year-old lawsuit seeking recovery of losses associated with four Madison County asbestos lawsuits has been continued again.

Sears Roebuck and Co. in 2005 sued its supplier of brake shoe sets - Maremont Corp. - for losses and legal fees over suits filed in 2002 and settled in 2004.

Circuit Judge Dennis Ruth presides.

In April he ordered parties to complete written discovery and notice any depositions on or before June 23. He set a July 23 status conference, but on July 18 he reset the conference to Oct. 29.

Sears claims Maremont manufactured and sold lined brake shoe sets to them under contract since 1971.

“Maremont owes a duty to indemnify and reimburse Sears for all loss suffered,” the suit states.

The asbestos cases in which Sears was named as a defendant included James B. Pryor v. A.W. Chesterton, et.al., Finance J. Roberts-Jeanie Roberts v. A.W. Chesterton, et.al, Charlene Merrill, individually and as special administrator of the estate of Jerome Merrill, deceased v. A.W. Chesterton, et.al. and Diane Teaver, individually and as special administrator of the estate of Francesco Marino, deceased v. A.W. Chesterton, et. al.

After the cases were dismissed, Sears was allowed by the court to file a counterclaim seeking indemnification of the total amount of loss or expense or judgment.

Madison County case number 05-L-498.