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Massachusetts man files asbestos claim in Madison County
6/11/2007 11:00 AM
A Massachusetts man suffering from mesothelioma filed an asbestos suit in Madison County Circuit Court June 4, claiming his disease was wrongfully caused.
Wallace Bunyea claims he has been employed since 1991 as a delivery driver, cleaner and systems technician in various locations.
Bunyea claims that during the course of his employment and during home and automotive repairs he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers emanating from certain products he was working with and around.
He names nine defendant corporations that include Bondex International, Garlock, Georgia-Pacific, John Crane, Owens-Illinois, Pneumo Abex, RPM International, RPM Inc., and Young Insulation Group.
Bunyea claims the defendants knew or should have known that the asbestos fibers contained in their products had a toxic, poisonous and highly deleterious effect upon the health of people.
According to Bunyea he first became aware that he suffered from mesothelioma in April 2006.
Bunyea alleges that the defendants included asbestos in their products even when adequate substitutes were available and failed to provide any or adequate instructions concerning the safe methods of working with and around asbestos.
He also claims that the defendants failed to require and advise employees of hygiene practices designed to reduce or prevent carrying asbestos fibers home.
As a result of the alleged negligence, Bunyea claims he was exposed to fibers containing asbestos. He developed a disease caused only by asbestos which has disabled and disfigured him, the complaint states.
Bunyea also suffers "great physical pain and mental anguish, and also will be hindered and prevented from pursuing his normal course of employment, thereby losing large sums of money," the complaint states.
He is seeking at least $100,000 in damages for negligence and willful and wanton conduct.
"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.
Bunyea is represented by Robert Phillips, Nicholas Angelides, John Barnerd and Perry Browder of SimmonsCooper in East Alton.
The case has been assigned to Circuit Court Judge Daniel Stack.
07 L 504
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