Defendant seeks dismissal from asbestos case due to lack of evidence

By Christina Stueve | Oct 11, 2011


One of multiple defendants in an asbestos contamination case is hoping Madison County Circuit Judge Barbara Crowder will dismiss the company from the case, said its company's attorney James Svajgl.

The company asked not to be named out of fear of future lawsuits, Svajgl said at a hearing Tuesday.

Plaintiff Richard A. Krohn died in 2009. The plaintiff is his wife, Mary Krohn of Florida. She claims he was diagnosed with mesothelioma due to asbestos exposure in December, 2008. Krohn was a laborer at Clark Oil Refinery in Blue Island, Ill. from 1957 to 1996.

Svajgl's client denies causing the illness. "The plaintiff did not have enough evidence to take the case to jury," Svajgl said.

Crowder will then take the arguments under advisement, look at information on file and assess if it can be dismissed from the case.

"We were one of dozens of defendants in the case, and we don't feel we should be in it," Svajgl said. "We did not cause this person's illness."

Svajgl works for Segal, McCambridge, Singer & Mahoney in Chicago.

Madison County case number 10-L-817.

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