Document 1yjx4dwoppy7Ze0B1VBZBDMnq

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 0000 DOC#: EADS023 DOCUMENT DESCRIPTION: Documents from Case of George Ruskell SIATE Ur* ILLINOIS S3 county of cook IN THF CIRCUIT COURT OF COOK COUNTY, ILLINOIS. GEORGE RUSKELL, Plaintiff, -VG- JOHNS-VA NT ILLE n corporation, MANVILLE SALKS a corporation, PRODUCTS CO-, and JOKICSCORPORATION, Defendants. 3^C 35^ COMPLAINT IN LAU S ott cornea the plaintiff, GEORGS RUBICELI* by hi attor neys JOHNSON, PENSE & BRANDELL, and complains of the defendants, JOHN S-AiANVIL LE PRODUCTS COUP ALT, a corporation, and JOHNSMANVILLE SALES CORPORATION, a corporation, as follows: 1. The defendants, JOHNS-MANYILLE PRODUCTS COMPANY and JOHNS-MANVILLS SALES CORPORATION, are foreign corporetions, qualified to do business in the State of Illinois, and axe en gaged in the business of xnanufactaxing and soiling building ma terials. 2. That on January 12th, 1932, the said defendants owned and operated a factory for the manufacture of building materials in Waukegan, Illinois; that c the aforesaid date, and for a pdriod of two and a half years prior thereto, plaintiff was employed by the defendants as a laborer in said factory, and that hie duties consisted of shovelling and miring materials among which were rubber, asphalt, silica, ground wood-fibre and coloring matter; and that various fumes, gases and dusts RToee from the said shovelling and miring, and thet, as a result thereof, plaintiff was exposed end subjected to the inhalation of the various fumes, gases and duste. v ^ >.rr,-;*;%^-v ^^ `'JwV**-**'' t'v4 3- That eaid defendants krew, or should have known, that the inhalation oi uh6 various aforesaid fumes, gases and dusts was apt to and did produce illness and disease in the plain-^ tiff, of which the plaintiff now complains, which illness and di- seaae is peculiar to such work and operationc carried on and used in said b o s i n e s , and that the sam did necessarily subject plain tiff to dnagers of illness and disease incident to such work and process of carrying on said business, to which employees were and , are not ordinarily exposed in other lines of employment. *4-. That plaintiff was caused to and did, during the period aforesaid, necessarily inhale large quantities of ollica dust and other fumes, gaees and duets through his nose and mouth, and eaid silica dust, and other said fumes, gases and dusts, became lodged in his throat and lungs, causing the ill ness and disease complained of, while he, the plaintiff, was in the exercise of due care and caution for his own personal health and safety. 5 . That plaintiff was in entire ignorance of the dan gerous character of the various fumes, gases and dusts to which he was exposed, and to the specific nature of tne illness and 1 disease that would or could result from the inhalation of the 3 aforesaid fumes, gases and dusts, and was never, at any time, informed by the defendants, or any agente of the eaid defendants, of the fact that such danger did or could possibly exist. fe. That the defendants, during the aforesaid time and at the aforesaid place, did one or other of the following acta, thereby causing the plaintiff to contract silicosis, an occupa tional disease, and as a result whereof, he has lost considerable weight; he has been incapacitated and weakened so that he cannot perform any work for which he is fitted; he h a B suffered great mental and physical pain and anguish, and will continue so to suffer for the rert of his life; he has become, liable for 1 r \ j hi--'-'' .jWtrHlU^ . - r.. i* in j c- v-,i11. ;^ l *:* m .in. j o; > i *- :i .^ :i c:ioc -v i tit` to no / u* d , -u. he has be-Jn ^ p l f r o a :\ l - u^uai o c c u p a t i o n ai.d hao l o s t the p e c u n i a r y g a m e wiaicu ne nli'ht have made had ho been employed: (A) Willfully failed to provide reasonable and approved devices, methods or means for the prevention of said disease, contrary to the provision of Section I of the Act entitled, "An Act to promote the public health by protecting certain employees in this State from the dangers of occupational disoaceo and pro viding for the enforcement thereof, * and in this that there were in and about the said factory no proper suction fans, or other apparatus, providing for collecting the injurious fumes,* gases and dust in the air in the room in said factory where plaintiff worked; that defendants failed to provide maeks or respirators or other apparatus to be used or worn by said plaintiff to pro tect him from inhaling the said fumes, gasea and dusts which impregnated and floated in the air in and about the said room, as provided by said Statute, and which effectively would have prevented hie fresa contracting the disease herein complained of* (B) Negligently failed to remove, as far as practicable, by either ventilation or exhaust devices the aforesaid injurious fumes, gases and duets from the room In which plaintiff worked, contrary to Section 12 of an Act, entitled "An act to provide for the health, safety and comfort of employees in factories, mercantile establishments, mills and work shops in this State, and to provide for the enforcement thereof" of the State of Illi- nois. , . (C) Negligently caused and permitted the premises to be swept so as to raise dust contrary to Section 13 of an Act, entitled "An Act tc provide for the health, safety and comfort ^ of employees in factories, mercantile establishments, mills and work shop in this State, and to provide for the enforcement thereof," of the State of Illinois. -- ------------- * . . A c cr s* r v * - y / , U I 44y > U J f t . | i | \ ** 'V* h P l a t nt H i nra y > f or jacU;inunt in the amount of Sl,0,000.00 for the foregoing damages. JOHNSON, P5K5E & BRAKDSLL Attorneys lor Plaintiff. 20E >?. Washington Street, Chicago Plaintiff makes demand for a trial oy jury* SJ ' {. L 1^ r ' '* *' *"V