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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Man with lung cancer and wife allege negligence in asbestos suit

BELLEVILLE — A lawsuit alleging asbestos exposure has been filed against 48 defendants, including CBS, Briggs & Stratton, Dow Chemical, General Electric, Georgia Pacific, Goodyear Tires, 3M Company, Union Carbide and more.

Stevie Shell and his wife Kristal Shell filed suit in the St. Clair County Circuit Court on March 20. 

Plaintiff Stevie Shell claims that starting in the mid 1970s, and continuing through the next 20-plus years, he worked as a construction worker, miner and in other labor positions. As the complaint states: “At various times during the course of Plaintiff’s work, Plaintiff was exposed to and inhaled, ingested, or otherwise absorbed large amounts of asbestos fibers emanating from certain products he was working with and around which were manufactured, sold or distributed or installed by the Defendants.”

The complaint also states that the plaintiff’s exposure to asbestos “was completely foreseeable and could or should have been anticipated by the Defendants.” The defendants “should have known that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of the persons inhaling, ingesting or otherwise absorbing them.”

Plaintiff Stevie Shell was diagnosed with lung cancer in January 2017. He claims the 48 defendants are liable to him for damages and future pain and suffering and medical expenses he will incur. He asks for not only compensatory damages but also punitive damages.

The complaint also alleges that Metropolitan Life Insurance Company conducted studies on asbestos exposure as far back as the 1930s and suppressed information about the health effects of asbestos exposure. That failure to warn also allegedly contributed to plaintiff’s asbestos exposure.

Plaintiff also alleges in the complaint that 3M Company, which manufactured respirators plaintiff used, is liable. “Plaintiff was exposed to and inhaled, and ingested or otherwise absorbed large amounts of asbestos fibers emanating from certain products Plaintiff was working with and around because faulty and leaky respirators were sold by Defendants: 3M Company,” the complaint states. 

The actions of all of the defendants, Shell claims, will cause future pain and suffering and impair his ability to earn a living, and he asks for damages in excess of $50,000. His wife brings suit for loss of consortium. 

The Shells are represented by Gori, Julian & Associates P.C. of Edwardsville.

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