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,
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JOHNS-VA NT ILLE n corporation, MANVILLE SALKS a corporation,
PRODUCTS CO-, and JOKICSCORPORATION,
Defendants.
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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.
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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
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disease that would or could result from the inhalation of the
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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
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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.
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(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
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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.
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'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*
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