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First Mesothelioma Case of 2006 Filed in Madison County

Jan 8, 2007 | A woman diagnosed with mesothelioma filed a lawsuit against 104 defendants in Madison County Circuit Court Jan. 3. The woman claims she was exposed to asbestos from her father’s clothing. Her father was employed as a carpenter, maintenance worker and stationary engineer at various locations across the country. The woman was diagnosed with mesothelioma on August 31, 2006.

The lawsuit states that, “Dust created by working with and around asbestos and asbestos-containing products would permeate the person and clothing of the plaintiff’s father,” “This dust contained asbestos fiber.” The suit alleges that defendants failed to require and advise their employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.

“It was foreseeable to a reasonable person/entity in the respective positions of defendants, that said documents and information constituted evidence, which was material to potential civil litigation-namely asbestos litigation,” the complaint states.

She claims that as a result of each defendant breaching its duty to preserve material evidence by destroying documents and information she has been prejudiced and impaired in proving claims against all potential parties.

“Plaintiff has been caused to suffer damages in the form of impaired ability to recover against defendants and lost or reduced compensation from other potentially liable parties in this litigation,” the complaint states.

“An award of punitive damages is appropriate and necessary in order to punish defendants for their willful, wanton, intentional and/or reckless misconduct and to deter defendants and others from engaging in like misconduct in the future.”

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