One defendant among many in a lawsuit alleging toxic dust and fumes caused the leukemia-related death of a Winchester machine shop worker in 2018 has been dismissed from the two-year-old Madison County legal action.
Safety-Kleen Systems, a Texas-based industrial cleaning and waste disposal company, had argued the allegations relating to the company were so vague that it was unable to mount any sort of defense. Circuit Judge Dennis Ruth granted Safety-Kleen's motion on April 14.
The case is on Ruth's docket at 9 a.m. on April 28.
Cathleen Shelton, as administrator of the estate of her late husband Michael, sued 10 companies alleging his employment for more than 40 years until 2017 at the Olin plant in East Alton led directly to his death as a result of acute lymphocyte leukemia (ALL).
Apart from Safety-Kleen Systems, those named as defendants in the action are Enviro Tech International Inc., Olin Brass, Olin Brass and Windchester Management LLC, Illinois Tool Works Inc., Olin Brass and Winchester Inc., Radiator Specialty Company, Turtle Wax Inc., U.S. Steel Corporation and 3M Company.
Represented by attorney Ted N. Gianaris of Simmons, Hanley Conroy in Alton, Shelton alleges breach of duty, failure to exercise reasonable care, failure to property warn or test products for safety, and failure to provide a safe workplace. The plaintiff says her husband was exposed to numerous chemicals and substances, including benzene, that contributed to his death July 4, 2018.
Safety-Kleen Systems, in its motion to dismiss, argued that it had no idea what, if any, toxic chemical allegedly produced by the defendant was used by the decedent. Further, the company stated it did not know when or where any alleged chemical manufactured or distributed was used by the decedent.
Shelton's complaint, the company argued, would require it to "check every sale [it] made in Illinois, then track the chain of use and determine from the final user's record" whether either the plaintiff or her husband used the product.
The description of the alleged injury-producing product is "vague, generic, and incomplete," which fails to construct a factual foundation on which the company can mount a defense, Safety-Kleen Systems argued.
Safety-Kleen Systems is represented by attorneys Gary E. Snodgrass of Pitzer Snodgrass in St. Louis.
In earlier action, Ruth denied a motion for summary judgment brought by Olin, based upon the Illinois Workers' Compensation Act and its motion to dismiss Count II of plaintiff's third amended complaint basued upon statute of limitations.
Olin, represented Jeffrey Sigmund of Husch Blackwell in St. Louis, argued that it was entitled to summary judgment as a matter of law because plaintiff's claims should be barred in their entirety by the exclusivity provisions of workers' compensation law and the Illinois Workers' Occupational Diseases Act.
"In this case, Plaintiff alleges that Michael Shelton was exposed to benzene through his work as an employee of Olin, causing him to develop leukemia and die," wrote Sigmund.
"Procedurally, Plaintiff only maintained a singular (1) negligence claim against Olin in her original complaint (filed March 13, 2019), her Amended Complaint (filed May 30, 2019) and her Second Amended Complaint (filed November 19, 2019). In response to Plaintiff's negligence allegations and the lack of any evidence showing that Decedent's injuries were caused by Olin acting with a specific intent to injure him required by the exclusivity provisions of the Acts, Olin filed a motion for summary judgment on September 30, 2019 and an amended motion for summary judgment on Noveber 26, 2019.
"Thereafter Plaintiff filed her Third Amended Complaint on January 14, 2020 alleging for the very first time in this litigation that Olin specifically intended to injure Decedent in Count II of the same.
"Susequently, Plaintiff deposed two of Decedent's Olin co-workers, neither of whom was able to testify that Olin specifically intended to injure Decedent or had any desire to see him become hurt, ill or die. To date, Plaintiff has not produced any evidence that Olin wanted to see Decedent become hurt, let alone become seriously ill or die."
In his order denying Olin's move for summary judgment, Ruth wrote that he had reviewed the various pleadings, relevant case law and heard oral arguments.
"Having considered all relevant facts, case law and arguments, this Court hereby denies Defendant Olin's motions," he wrote in a Feb. 10 order.
Madison County Circuit Court Case number 19-L-355.