Oregonian files asbestos suit in Madison County

Wednesday, July 19, 2006

By Steve Gonzalez - Edwardsville Bureau

An Oregon woman suffering from mesothelioma filed an asbestos suit against 63 defendants in Madison County Circuit Court July 18, alleging she was exposed to airborne asbestos fibers from family members' clothing.

Dolores Ernst claims her former husband, Robert Ernst, was employed from 1955 to 1971 as a salesman at various locations and her mother was employed as a factory worker at various locations including Chicago.

She also claims her aunt was employed as a factory worker at various locations including Chicago.

She alleges that her family members worked with and around asbestos-containing products.

"Dust created by working with and around asbestos and asbestos-containing products would permeate the person and clothing of the plaintiff's family members," the complaint states. "This dust contained asbestos fiber."

Ernst claims her family members would carry the asbestos dust on their clothing home with them where it would again become airborne.

"The plaintiff would be repeatedly exposed to this asbestos dust from her family member's person and clothing," the complaint states.

Ernst was employed from 1945 through 2004 as a clerk at various locations in Illinois.

She claims asbestos exposure during non-occupational work projects including home and automotive repairs, maintenance and remodeling.

She was diagnosed with mesothelioma on Feb. 9, and subsequently became aware her illness was wrongfully caused, the suit claims.

The complaint alleges that defendants failed to require and advise their employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.

As a result of the alleged negligence, Ernst claims she was exposed to fibers containing asbestos, and developed a disease caused only by asbestos which has disabled and disfigured her.

Ernst also claims that she has sought, but been unable to obtain, full disclosure of relevant documents and information from the defendants leading her to believe the defendants destroyed documents related to asbestos.

"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 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.

Ernst also singles out Olin Corporation claiming that her former husband was employed by Olin in Wisconsin and California from 1955 to 1971 and was exposed to raw asbestos that was being used at the plants.

"Olin knew or should have known that exposure to asbestos fibers posed an unreasonable risk of harm to plaintiff and others similarly situated," the complaint states.

She claims Olin's use of raw asbestos in a manner that caused the release of asbestos fibers constituted an ultra-hazardous activity.

"Olin is strictly liable for injuries caused by such activity, regardless of the amount of care exercised."

Represented by Nicholas Angelides, Perry Browder and John Barnerd of SimmonsCooper in East Alton, Ernst is seeking compensatory damages in excess of $700,000, plus punitive damages.

"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."

The case has been assigned to Circuit Judge Dan Stack.

Study: Illinois Beach Park Asbestos No Big Threat
Environmental Group Claims Tests Were Rigged

(AP) CHICAGO Asbestos found in sand samples at Illinois Beach State Park poses no significant public health threat, university researchers have determined.

Attorney General Lisa Madigan on Tuesday released the final results of the testing she requested from researchers at the University of Illinois at Chicago.

Scientists found 11 of 12 sand samples tested at the Lake County beach last summer contained asbestos that can cause cancer when inhaled. But further testing revealed none of the samples posed a cancer risk that was considered excessive or unacceptable by federal standards.

Officials say this is the fourth study of asbestos at the beach to find no public health threat since 1998.

In 2004, authorities closed part of the park near the Wisconsin border when asbestos debris was found. It is near the Johns Manville Superfund Site, where a massive asbestos cleanup was done in 1991. The park attracted more than 1.2 million visitors in 2004.

Researchers recommended increasing beach surveillance for asbestos-containing material, reviewing education efforts for beach visitors about such material and surveying eroded beach areas for housing infrastructure remains that could have asbestos.

"These recommendations are important to the continued assurance that IBSP is an environmentally safe area for the public to visit," Madigan said in a statement.

The Illinois Dunesland Preservation Society has said the researchers did not take enough samples at the park to know for sure that the beaches are safe.

The environmental group, which has called for the state to shut down the entire park to assess the asbestos situation, sent a letter to U.S. Attorney Patrick Fitzgerald last week claiming the tests ordered by Madigan were "rigged" to cover up microscopic asbestos fiber contamination.

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