Silicosis suit moves north out of Madison County to Dairy State

Madison County Circuit Judge Andy Matoesian has sent a silicosis lawsuit filed by a Mount Vernon man who was exposed in Brillion, Wisc. out of the land of Lincoln north to the dairy state of Wisconsin.

Matoesian, after an Aug. 24 hearing, dismissed all defendants but one from a suit that Gary Dille filed in 2003 against 39 defendants.

3M Corporation was not dismissed.

Matoesian said Dille could sue the rest of the defendants in Wisconsin, either in Brown County or Calumet County.

Dille claimed that he developed silicosis while working at Brillion Iron Works in Brillion from 1966 to 2001.

Silicosis affects those who inhale sand or glass particles.

In Dille's case, some defendants settled. Some moved to dismiss.

Others moved to transfer to Jefferson County where he resides, and some to Brown County, Wisc.--where Green Bay is county seat-- and others still to Calumet County, Wisc.--where Kiel--20 miles south of Green Bay--is county seat.

In a July 28 response to transfer motions, attorney Clay Fostel of Houston, representing Dille, wrote that several defendants did business in Madison County.

He wrote that 3M sold products in Madison County, but said the case had no connection to Brown County, Wisc.

Attorney Francis X. Duda of St. Louis, representing American Colloid Company, argued for transfer in an Aug. 10 memorandum.

Duda wrote, "Plaintiffs give no reason, other than the fact that Madison County is experienced in handling 'toxic tort' cases, why this is the more proper forum for the hearing of this matter than the home county of the defendant, or the county where the injury occurred."

Dille maintains a residence in Wisconsin as well as Illinois, Duda wrote.

At the hearing, attorney John Carlson of Edwardsville appeared for Dille.

Attorney John Walker of St. Louis appeared for Unimin Corporation; attorney Virginia Giokaris of Kansas City, Mo. appeared for Louis M. Gerson Company.