Oklahoma Mesothelioma Victim files Lawsuit in Madison County

posted on:
October 23, 2006

author:
Staff

The estate of Randy Stone filed an asbestos suit against 30 defendant corporations in Madison County Circuit Court Oct. 20,2006 claiming he was exposed to asbestos while employed as a laborer, pipe-maker, machinist and quality control manager from 1950-2005.

According to the complaint, Stone was a resident of Oklahoma. He worked in Illinois at some point in his career, but the suit does not specify when or where. The estate is represented by Harold Stone, Randy's son.

The suit claims his exposure to asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants. It also claims the defendants failed to exercise ordinary care and caution for Randy's safety by including asbestos in their products even though it was completely foreseeable that people working with and around asbestos would inhale, ingest or otherwise absorb great amounts of asbestos.

Stone claims the defendants included asbestos in their products when they knew asbestos fibers would have a highly deleterious effect on the health of people absorbing them, included asbestos in their products when adequate substitutes were available, failed to provide any warnings to people working with or around asbestos and failed to conduct tests on asbestos-containing products in order to determine the hazards to workers.

According to the complaint, Randy died Jan. 4, 2005, from mesothelioma. He was diagnosed five days earlier. Stone claims the defendants intentionally or with a reckless disregard for his father' safety: – included asbestos in their products, when the defendants knew or should have known that the asbestos fibers would have a toxic, poisonous and highly deleterious effect upon his health; – included asbestos in their products when adequate substitutions were available; – failed to provide adequate warning to people working with and around the products of the dangers of inhaling, ingesting or otherwise absorbed fibers in them; – failed to provide adequate instruction concerning the safe methods of working with and around asbestos products; and – failed to conduct tests on the asbestos-containing products, manufactured, sold or delivered by the defendants to determine the hazards to which workers might be exposed.

Stone claims his father was obligated to spend money on medical expenses and experienced great physical pain and mental anguish which prevented him from pursuing his normal course of employment. He is seeking at least $250,000 in damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence among other allegations. "In addition to compensatory damages, an award of punitive damages is appropriate and necessary in order to punish the defendants for willful, wanton, intentional and reckless misconduct and to deter them and others from engaging in like misconduct in the future," the complaint states. The estate is represented by Nicholas Angelides, John Barnerd and Perry Browder of SimmonsCooper in East Alton. The case has been assigned to Circuit Judge Daniel Stack.

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