Document 2jdk2E6joBe5EL3Ey51ywLvRN
IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS
IN RE: ALL ASBESTOS LITIGATION FILED BY SIMMONSCOOPER LLC Including:
MALCOLM HENLEY,
Plaintiffs, vs.
PNEUMO ABEX CORPORATION, et al.
Defendants.
)
)
)
) )
)
)
)
)
)
)
)
)
NO. 07-L-1071
PLAINTIFFS' MOTION FOR LEAVE TO SEEK PUNITIVE DAMAGES AGAINST DEFENDANT PNEUMO ABEX LLC. SUCCESSOR-IN-INTEREST TO
ABEX CORPORATION
Plaintiffs hereby move for leave to seek punitive damages against PNEUMO ABEX
LLC, successor-in-interest to ABEX CORPORATION ("Abex"), said leave to apply to future
cases pursuant to Section IV of the Madison County Standing Order, and in support thereof state:
1. Defendant Pneumo Abex LLC ("Abex") is the successor to Abex Corporation, which
was incorporated as the American Brake Shoe and Foundry Company ("American Brake Shoe")
in 1902. Abex is also the successor to the American Brakeblok Corporation.
2. Abex has admitted in answers to interrogatories that "knowledge of asbestos
hazards...was basic to the Abex Occupational Health Program since 1941." See Exhibit A hereto.
3. In 1936, American Brake Shoe helped fund a study by Dr. Leroy Gardner of Saranac
Lake concerning health hazards of asbestos. See 1936 Memorandum Agreement, Exhibit B
(SCF-ALLF-00390) hereto. The results obtained were to be the property of the sponsors. See