Massachusetts asbestos claim filed in Madison County

The estate of John Thyssen filed an asbestos suit against 65 defendant corporations in Madison County Circuit Court July 31, claiming he was exposed to asbestos while employed as an electrician from 1940-1983.

The suit brought by his son, Jeffrey Thyssen, states that Thyssen resided in Massachusetts.

Some of the defendants include Bondex, DaimlerChrysler, DuPont Chemical, Ford Motor Company, General Electric, Goodyear, John Crane, Monsanto, Riley Stoker and Union Carbide.

Thyssen claims that during the course of his father's employment and during home and automotive repairs he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers emanating from certain products he was working with and around.

"The plaintiff's exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants," the complaint states.

Thyssen claims the defendants knew or should have known that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of people.

According to Thyssen, he first became aware that he suffered from mesothelioma on Sept. 20, 2006.

Thyssen alleges that the defendants included asbestos in their products even when adequate substitutes were available and failed to provide any or adequate instructions concerning the safe methods of working with and around asbestos.

He also claims that the defendants failed to require and advise employees including his father of hygiene practices designed to reduce or prevent carrying asbestos fibers home.

As a result of the alleged negligence, Thyssen claims his father was exposed to fibers containing asbestos. He developed a disease caused only by asbestos which has disabled and disfigured him, the complaint states.

Thyssen also suffers "great physical pain and mental anguish, and also will be hindered and prevented from pursuing his normal course of employment, thereby losing large sums of money," the complaint states.

He is seeking at least $500,000 in damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence among other allegations.

"In addition to compensatory damages, an award of punitive damages is appropriate and necessary in order to punish the defendants for willful, wanton, intentional and reckless misconduct and to deter them and others from engaging in like misconduct in the future," the complaint states.

Thyssen is represented Nicholas Angelides of SimmonsCooper in East Alton.

The case has been assigned to Circuit Court Judge Daniel Stack.

07 L 687