February 27, 2013

Asbestos Case Moving to Federal Court

by Levin & Perconti

An Illinois asbestos lawsuit is on its way to federal court after the Defendant was granted its request to move the lawsuit last week reports the Madison-St. Clair Record. The plaintiff, as administrator of the deceased’s estate, filed the lawsuit against CBS Corp., the successor in merger to the corporation formerly known as Westinghouse Electric Corp., and 30 other defendants. The plaintiff claims that the decedent was injured while he was working as a United States Navy machinist on several ships between 1958 and 1980 that contained asbestos-laden equipment. The plaintiff alleges that the defendant corporations failed to exercise care and caution for the decedent’s safety by knowingly including asbestos in their products when they knew or should have known about the dangers of exposure to deadly asbestos. The decedent developed lung cancer and died in June 2012 as a result of his prolonged exposure to asbestos.

The lawsuit seeks more than $50,000 in damages and includes counts for negligence, willful and wanton conduct, conspiracy, negligent spoliation of evidence and strict liability. The defendants deny that they caused or contributed to the decedent’s alleged exposure to asbestos and have moved to dismiss the lawsuit. The decedent had a rare form of cancer, called mesothelioma that is associated with exposure to asbestos. Once a victim is diagnosed, the cancer often progresses throughout the body very rapidly and sadly claims many lives. The trick with mesothelioma is that it often appears decades after the first exposure to asbestos, which creates a problem for many of its victims in terms of their legal rights. Our attorneysknow that it is difficult and can be intimidating to sue large corporations for their negligence. That is why victims count on experienced lawyers who are not afraid to stand up for the rights of victims and their families, even against large corporations with huge legal teams. A diagnosis of mesothelioma is devastating to any family, as it unfortunately is often a death sentence for the sick. We understand that behind each and every diagnosis is a scared family and that every diagnosis involves a different and unique chance to fight for justice. We understand that the emotional toll is just as taxing as the financial toll that the devastating diagnosis of mesothelioma brings. If you or a loved one has been exposed to asbestos or diagnosed with mesothelioma, consider contacting our offices for a free consultation to discuss your options under the law.