Madison - St. Clair Record

Tuesday, October 22, 2019

Man alleging toxic exposure asks the court to compel discovery against Global Brass and Copper Holdings

By Heather Isringhausen Gvillo | Mar 15, 2016

A man claiming he was exposed to toxic substances through Global Brass and Copper Holdings, Inc., in East Alton is asking the court to compel discovery in order to build his case or to at least find out who the proper defendant is.

According to plaintiff Steven Allen Turner’s Oct. 16 complaint, he claims he was unknowingly exposed to toxic substances while working at the defendant’s East Alton facilities.

On Feb. 23, Turner filed a motion to compel through Thomas Maag of the Maag Law Firm in Wood River, where he requested an order overruling the defendant’s discovery objections and compelling the defendant to fully and completely respond to his discovery.

He argues that the “defendant objected to most of the discovery, not on the basis that it did not know, or the information was not available to it, but based on its contention that the responsive information was in the possession of its predecessors, subsidiaries and/or affiliates. Such basic information was, for instance, which subsidiary plaintiff actually worked for.”

Turner further alleges the information sought is “essential” in his case either against the defendant or in identifying the proper party.

Then on March 8, Turner filed a motion for issuance of order, asking the court for an order allowing him to issue discovery to the defendants.

Turner also filed discovery petitions against Bryan Metals, Inc., GBS Metals, Inc., and several other companies.

Global Brass filed a combined motion to dismiss the complaint on Dec. 18 through attorneys Daniel Nester, Christopher Blaesing and Alan Schilling Jr. of Bryan Cave in St. Loius. The defendant argues that Turner “makes no attempt to identify what substances he was purportedly exposed to, nor does he allege where, how, why or even when he was exposed to such substances.”

“As a result of such omissions, GBC Holdings is entirely unaware of what claim(s) are being brought against it.

“Furthermore, Plaintiff has failed to plead any facts illuminating GBC Holdings’ relationship with Plaintiff, or its connection to the alleged exposure. In fact, Plaintiff cannot do so, because, GBC Holdings, the only named defendant in this case, has never employed Plaintiff, nor has it even been an employer, owner, or operator of any facility in East Alton, Illinois,” the motion states.

A motion hearing on the defendant’s motion to dismiss is scheduled for April 29 at 9 a.m.

Global Brass and Copper Holdings filed a motion for a substitution of judge on Feb. 4. The case had been assigned to Circuit Judge Matoesian.

The defendant’s motion was granted on Feb. 5, and the case was assigned to Circuit Judge Barbara Crowder on Feb. 8.

Turner seeks damages of more than $50,000, plus court costs.

Madison County Circuit Court case number 15-L-1347

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Bryan Cave Maag Law Firm, LLC

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