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Sunday, December 15, 2019

Asbestos plaintiffs represented by retired St. Clair County judge

By Kelly Holleran | Jan 11, 2011


Another asbestos lawsuit has been added to the growing list of cases in St. Clair County's asbestos docket.

Dorothy L. Kainer, Kimberly M. Kainer and Lisa K. Foreman filed a complaint Nov. 18 against 29 defendant companies in St. Clair County Circuit Court on behalf of the recently deceased Emil T. Kainer. The lawsuit does not state where the plaintiffs reside.

They will be represented by Michael J. O'Malley of Carey, Danis and Lowe in Belleville and by Jeffrey J. Lowe of Carey, Danis and Lowe in St. Louis. Devin C. McNulty of Williams, Kherkher, Hart and Boundas in Houston will serve of counsel.

O'Malley is a recently retired St. Clair County circuit judge.

In their complaint, the plaintiffs allege the defendant companies caused Emil T. Kainer to develop mesothelioma after his exposure to asbestos-containing products throughout his career.

Emil T. Kainer worked as an electrician from 1953 until 1996 and served in the U.S. Army, according to the complaint.

The defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs' relative's safety, the suit states.

As a result of his asbestos-related disease, Emil T. Kainer incurred medical costs and suffered great physical pain and mental anguish, the complaints say. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the plaintiffs claim.

Because of Emil T. Kainer's death, his family members have been deprived of his companionship and society, according to the complaint.

In their five-count complaint, the plaintiffs are seeking a judgment of more than $100,000, compensatory damages of more than $100,000 and punitive and exemplary damages of more than $50,000. They also seek punitive damages in an amount sufficient to punish the defending companies and to deter them from repeating their actions.

St. Clair County Circuit Court case number: 10-L-605.

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Williams Kherkher Hart Boundas LLP