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MADISON - ST. CLAIR RECORD

Thursday, April 25, 2024

More asbestos suits filed in St. Clair County; High court to hear forum arguments Wednesday

Gori

On Wednesday, the Illinois Supreme Court will hear arguments in Walter Fennell v. Illinois Central Railroad Co., a case arising from St. Clair County that deals with the doctrine of forum non conveniens.

At issue in the case is whether St. Clair County Judge Lloyd Cueto erred in denying Illinois Central's motion to dismiss for forum after determining the railroad company failed to show that factors favored a Mississippi forum.

In the meantime, more suits have been added St. Clair County's asbestos docket.

  • Lynn Torres filed an asbestos lawsuit in St. Clair County Circuit Court on Aug. 24 against 33 defendant corporations.

    Torres will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville.

    In his complaint, Torres alleges the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

    The complaint does not indicate where Torres resides; however, it states that he worked as a welder at Kaiser Aluminum from 1966 until 1975 and at the Carpenters District Council for an unspecified amount of time.

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

    As a result of his asbestos-related disease, Torres became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. 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, he claims.

    In his five-count complaint, Torres is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to prevent the defendants from performing similar conduct in the future, plus other relief the court deems just.

    St. Clair County Circuit Court case number: 12-L-443.

  • James Mahan filed an asbestos lawsuit in St. Clair County Circuit Court on Aug. 7 against 48 defendant corporations.

    Mahan will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville.

    In his complaint, Mahan alleges the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

    The complaint does not indicate where Mahan resides, however it states that he worked as a submarine maintenance worker from 1954 until 1957, as a nursing assistant at the VA Hospital from 1958 until 1980 and from 1980 until 1983 as a maintenance man for the North Little Rock Housing Authority, 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 plaintiff's safety, the suit states.

    As a result of his asbestos-related disease, Mahan became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. 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, he claims.

    In his five-count complaint, Mahan is seeking a judgment of more than $50,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants, plus other relief the court deems just.

    St. Clair County Circuit Court case number: 12-L-408.

    Two other asbestos suits were filed in June and July in St. Clair County.

    Raymond and Deana Griggs filed suit on June 19 against 44 defendant corporations while Herman and Dorothy Leamons filed a complaint July 10 against 77 defendant corporations. Neither the Griggs nor the Leamons specify where they currently reside.

    Both plaintiffs will also be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville.

    In their complaint, the Griggs and the Leamons allege the defendant companies caused Raymond Griggs and Herman Leamons to develop lung cancer and colon cancer, respectively, after their exposure to asbestos-containing products throughout their careers.

    The complaint states that Raymond Griggs worked as a miner, operator and maintenance worker from 1974 until 1984.

    Herman Leamons worked as a member of the PPF/UA Plumbers and Pipe Fitters Union Local 706 out of Arkansas and worked as a pipefitter at Ace Supply Company from 1970 until 1977, 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 plaintiff's safety, the suit states.

    As a result of their asbestos-related diseases, Raymond Griggs and Herman Leamons became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, they became prevented from pursuing their normal courses of employment and, as a result, lost large sums of money that would have accrued to them, they claim.

    In their complaint, the Griggs are seeking a judgment of more than $100,000, compensatory damages of more than $100,000, economic damages of more than $150,000 and punitive and exemplary damages of more than $100,000, plus other relief the court deems just.

    In their complaint, the Leamons are seeking a judgment of more than $150,000, punitive and exemplary damages of more than $100,000, economic damages of more than $100,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish the defendants and to prevent them from committing the same actions again.

    St. Clair County Circuit Court case numbers: 12-L-327, 12-L-352.

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