Madison County Circuit Judge Dennis Ruth dismissed a nine-year-old lawsuit seeking recovery of losses associated with four Madison County asbestos lawsuits.
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.
Sears claimed 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 stated.
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 settled, Sears was allowed by the court to file a counterclaim seeking indemnification of the total amount of loss or expense or judgment.
Ruth entered the order for voluntary dismissal without prejudice on Jan. 16.
Madison County Circuit Court case number 05-L-498