Wife files negligence lawsuit on behalf of husband claimed by lung cancer

By David Hutton | Apr 13, 2017

BELLEVILLE — An Illinois woman has filed a lawsuit in St. Clair County Circuit Court claiming negligence in the asbestos-related cancer death of her husband.

Martha Ward filed the lawsuit in the St. Clair County Circuit Court individually and as special administrator of the estate of her late husband, Jesse V. Ward.

The lawsuit names a number of defendants, including Aerco International Inc., Alfa Laval Inc., Armstrong Pumps, Aurora Pump Co., Borg-Warner Morse Tec LLC, Buffalo Air Handling, CBS Corp., Certain-Teed Corp., Crown Cork & Seal, Dow Chemical Co., FlowServe US Inc., Goodyear Tire & Rubber Co., Ford Motor Co., 3M Co., Union Carbide Corp., Uniroyal Inc. and others.

According to the complaint, Ward served in the Navy in 1964-65 aboard the USS Kidd, USS McNair and USS DuPont. He also worked for some time as a carpenter for Carpenters Union 1296 at various locations and as a carpenter for Laborers Union 663 at various locations.

The complaint states that during his career, Ward was exposed to, inhaled, ingested or absorbed large amounts of asbestos fibers emanating from products he was working with and around that were produced, sold or distributed by the defendants named in the lawsuit.

The complaint also alleges that the manufacturers of asbestos-containing products should have known that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of anyone coming into contact with them. They also failed to exercise reasonable care for the safety of Ward and others.

Ward allegedly learned on Jan. 12, 2016, that he had developed lung cancer, which was allegedly the result of inhalation of asbestos fibers emanating from products manufactured by the defendants.

He died on Aug. 22, 2016. As a result of the disease, he became liable for a large amount of money for hospital, medical and other healthcare services required for the treatment of the lung cancer.

Prior to his death, the complaint notes that he was in pain and suffered mental anguish as a result of his contact with asbestos and the resulting lung cancer.

The complaint also says that his wife has been denied the love and affection of her husband, and the family has been deprived of their relationship with Ward and his financial support. They also incurred expenses for his funeral and burial.

The complaint also alleges conspiracy against Metropolitan Life Insurance Co. and Pneumo Abex Corp., alleging that the companies over the years had conducted research on asbestos and as a result knew the dangers of asbestos but failed to release that information to the public.

The complaint also alleges that Buffalo Pumps failed to preserve evidence that it should have known was material evidence in potential asbestos litigation.

The plaintiffs request a trial by jury and seek compensatory damages in excess of $50,000. They are represented by Randy L. Gori and Barry Julian of Gori Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court Case No. 17-L-69

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Gori, Julian & Associates PC St. Clair County Circuit Court

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