Two days after the world's largest maker of construction equipment lost a chance to transfer a Madison County asbestos case to Iowa, the company gained something better.
The plaintiff dropped defendant Caterpillar from the suit.
James Schadt, an Iowa resident who claimed that Caterpillar and other companies damaged his lungs with asbestos, moved July 8 to dismiss Caterpillar.
Caterpillar attorney Kristine Kraft, of Williams Venker & Sanders in St. Louis, had moved July 5 to transfer the case to Iowa.
Kraft had expected to argue the motion July 6 before Madison County Circuit Judge Daniel Stack, but Schadt’s attorney, Randy Gori of Goldenberg, Miller, Heller & Antognoli, did not appear.
Judge Stack said after the hearing that Gori thought the motion would come up July 8.
The motion did not come up that day. Instead, Schadt dismissed Caterpillar.
Schadt sued 90 defendants. Some have settled. Some have asked Stack to dismiss them as defendants. Some have moved to transfer and others have not responded at all.
Stack has set trial October 3.