Heather Roush was in her 20s and 35 weeks pregnant. She was with her husband, Jayneson Roush, 37, when they checked into the Kimball, a condominium hotel. The Roushes were celebrating their wedding anniversary. Their hotel room was located next to the hotel’s boiler room, which became filled with carbon…
Articles Posted in Chemical Exposure Injuries
Illinois Appellate Court Reverses Good Faith Finding in Wrongful Death, Joint Tortfeasor Contribution Act Lawsuit
On April 27, 2017, Kevin Hartley was working for his uncle, Tony Hartley, at Hartley’s Painting. Hartley was refinishing the bathtub at an apartment complex in Nashville, Tenn. While on the job, Kevin was wearing a respirator mask and gloves but was overcome by fumes from the NAPCO White Lighting…
$8.4 Million Jury Verdict for Mechanic Exposed to Asbestos
Alfred Bennett and his wife filed a lawsuit against Ford Motor Co. on behalf of Alfred who had been a mechanic there. He claimed he was exposed to asbestos in handling auto parts. This case was tried in the City of St. Louis, 22nd Judicial Circuit. The jury’s verdict of…
Illinois Appellate Court Highlights Legal Trend in Limiting General Personal Jurisdiction Over Nonresident Defendants Sued in Illinois Courts
In the case of Campbell v. Acme Installations Inc., highlighted in the April 2019 Illinois Bar Journal authored by Eric J. Muñoz, general jurisdiction for nonresident defendants is clarified. In the Campbell case, the plaintiff brought a lawsuit against General Electric and other companies resulting from his alleged exposure to…
Illinois Appellate Court Finds That Attorney-Client Privilege is Applicable in Insurance Coverage Dispute
The Illinois Appellate Court of the 1st District resolved a discovery dispute in an insurance coverage lawsuit between plaintiff-insured Motorola Solutions Inc. and the defendant-insurers Zurich Insurance Co. and Associated Indemnity Corp. The court held that absent an applicable cooperation clause, attorney-client privilege applies to any appropriate documents. This was…
U.S. Court of Appeals Decides Choice of Law Provision in Indemnification Third-Party Complaint After Explosion Seriously Injures Worker
Plaintiffs Lenny and Tracy Chapman filed a lawsuit against Hiland Partners GP Holdings LLC, et al. who owned and operated a natural gas plant in North Dakota. Missouri Basin offers trucking services to gas companies in North Dakota. Hiland entered into a Master Service Contract (Hiland MSC) with Missouri Basin…
Chemical Exposure Injury Case Dismissed for Failure to Disclose Expert Witness
The 7th Circuit U.S. Court of Appeals in Chicago has affirmed a lower court decision by a federal judge dismissing Gregory Cripe’s lawsuit for exposure to chemical toxic fumes from Pur-Fect Lok 834A. This product is a glue made by the defendant, Henkel Corp. Cripe was exposed to the toxic…
Illinois Appellate Court Reverses Dismissal of Mesothelioma Death Case Based on Direct Evidence of Exposure
The on-the-job exposure to asbestos experienced by Ronnie Startley occurred in Alabama. Startley was a drywall finisher. However, for 3 to 4 months in 1965, he worked on approximately 50 jobs in Chicago with his cousin, Walter Startley. The Startleys used several brands of drywall joint compound that contained asbestos.…
Jury Verdict for Silica Supplier’s Failure to Warn Caused Fatal Lung Disease
From 1959 to 1964, Rivers Sampson worked as a sandblaster and used silica as an abrasive agent. In 2014, at the age of 77, Sampson died of sepsis and silicosis, which is a progressive disease caused by inhaling silica dust. Having silica dust attached to the lungs causes inflammation and…
Worker Can Recover for Chemical Exposure Injuries from Totalox
Carus Corp. (Carus) was an international company that developed and sold chemical products for municipal and industrial applications. In a federal lawsuit, Carus was named as a defendant. Carus’s products included a chemical called Totalox, which essentially was designed as a deodorizer for sewer systems. The town of Lexington (town)…