A Minnesota man filed an asbestos suit against 10 defendant corporations in Madison County Circuit Court Jan. 16, alleging his father died from mesothelioma.
Bruno Zagar claims his father, Anthony, was diagnosed with mesothelioma on Jan. 1, 2004, and died on Dec. 2, 2004.
He 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.
According to Zagar, his father was employed from 1942 to 1982 as a sales representative in various locations including Illinois.
Zagar 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.
He also 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.
Zagar also claims that the defendants failed to require and advise employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.
As a result of the alleged negligence, Zagar claims his father was exposed to fibers containing asbestos and developed a disease caused only by asbestos which has disabled and disfigured him prior to his death, the complaint states.
Zagar claims prior to his death, his father suffered great physical pain and mental anguish, was hindered and prevented from pursuing his normal course of employment, thereby losing large sums of money.
Represented by Perry Browder, John Barnerd, Nicholas Angelides and Robert Phillips of SimmonsCooper in East Alton, Zagar is seeking damages in excess of $200,000, plus punitive damages.
"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.
The case has been assigned to Circuit Judge Dan Stack.
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