Document 75NxrX50DQ1Eea31KBQnn63B

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1935 DOC#: EADS033 DOCUMENT DESCRIPTION: Documents from Case of Andy Belcher STATE 05' ILLINOIS COUNTY OF LAKE ^^c2L IN TILE CIRCUIT COURT OF LAKE COUNTY ANDY BELCHER JOHNS HAUVILLE CORPORATION No. 34*57 COMPLAINT AT LAW Plaintiff, for cause of action on-innt the defendant, states: I. That on and prior to the 15th day of April, 1933 the defendant owned, operated, controlled and managed a certain asbestos end roofing manufacturing business in the City of Waukegan, County of Lake, State of Illinois, and in the prosecution of its business, the defendant did mointair and operate diverc mixing, packing, moulding, and various otherand sundry devices for the handling and manufacturing of the aforesaid products, then and there in the course of manufacture by the said defendant, and in this be half, the Bald defendant did employ a large number of employees. II. That at the said time and place referred to as aforesaid, end for e long time prior thereto, to-wit: since 1 9 ^9 , the plaintiff sac employed by the defendant in and ebout handling various forma of entestoe, silica, finely powdered rock and stone and various and sundry other dusty substances, end wee required to and did operate various power driven machines in end about mrnuf: oturin*; the rforesai** products into Plaintiff's Attorney r r*n " f i-r: and n t- bes t of? p r o j e c t s , *.:u* t h e n . rv* t h e i , fn cti);t:d by the s&id defendant. *,fil> III. The t pi* r/; t* e - * * ' d the aforesaid work in vi.rious rooms then end there maintained by the defendant where a lerge number of employees ore employed in furtherance of the de f e n d a n t s processes of manufacture, and thr-t in the sold operation of the aforesaid machines, divers large quantities of dust, asbestos, finely powdered rock, nnd, silica, end ether substances, were caused to be thrown into the air In and about the room or rooms in which the plaintiff was required to verb, ^nd thnt ss a result of the afore said, plaintiff was exposed to the action of the divers forme of duot and did inhale into hie lungs end bron chial track, the aforesaid dust, etc., as aforesaid / IV. ?hat osid work and processes re ferred to were work and processes which might prodoce illnecn and disease peculiar to the work and processes so carried on, end the said work and processes subjected the employees of the defendant to the danger of illness and disease incident to such work and process to wfcach employees in other lines of employment are not ordinarily exposed, namely, to-wit: that said work 8nd processes* -* - carried on, in said f actory, were work and p r o c e s s which were likely to produce illnecn and disease peculiar to the work or processes so carried on, and the M i d work and processes so carried subjected the employees osf the the defendant, including the plaintiff, to the darker of illr.epc and disease incident to ruch wOri: and processes to which employees in other lines of eaployoent are not Plaintiffs Attorney *; '-v '. V 'r' cy the r*ctior. of th aforesaid duet:, c*mill a r t i c l e s of ar.U'iitoc, rock, sic;, ?*nd other dncty products, and the ceid dioceses ore knovn as pneumoconiosis, usbestocie, si- licocir, siderosio, pulmonary tuberculosis, and various other pulmonrry end bronchial co-.rpli cutionc. Vb Th.**t at said time end piece, there vac in full force end effect in the State of Illinois, a certain statute, reading in words and figures as follows: ,fEe it enacted by the People of the State of Illinois, represented in the r General Assembly, thet every employer of labor in thie state, engaged in car rying on any work or process which may produce any illness or disease peculiar to the work or proceee carried on or which subjects the ciaployccs to the an- / ger of illness end disease, incident to such r-ork or process, to r^hich employees ere not ordinarily exposed, in other lines of employment, shall, for the protection of ell erjployxeee engaged in such work or process, adopt and provide reasonable end approved devices, means, or methods, for the prevention of cuch Induct riel or Occu pational diseases, as are incident to such orfc or process. ** and that it became 2nd was the duty of the defendant,to adopt and provide reasonable and approved devices, weans o r methods for the prevention of such Industrial or Occupation--.. * *.i / - al dicecces as were incident to the work or processes carried on, in defendant *z fcctory, to--wit: Eiderosis, silicosis, aobectosis, pneumoconiosis, pulmonary tuberculosis, and var ious other pulmonary and brcnchirl complications, yet, not-- withstand inn Its duty in said regard, the defendant wrong fully, wilfully, nnd unlawfully failed end neglected to adopt and provide end mr-intrin adequate, reasonable or approved devices, neans, or .nethods, f o * the prevention of `such In-- P W n tiff9 Attorney s^vc: rJ**4iflLrrt>(eai du^ti icl or Oecuua tional d iccniicu ft* vorc ii;ciO. nt to ruch t o vl: or proceert-n co carried on in m i d factory, ?nd that the defendant wilfully, violated and wilfully felled to comply with the provisions of the statute re ferred to as aforesaid, namely, defendant v/rongfully, wilfully and in violation of the statute, failed to adopt end provide or maintain any edequale reasonable and approved devices, means, or methods for removing the dust, etc., occscioned and coused by the said processes referred to aforesaid, and through suction blowers, methods of venti lations, masks, or by means of water to keep down the dust, etc. , and for the prevention of such Industrial or Occupational diseases incident to the work and processes / carried on in srid factory, to-wit: siderosis, pneumoconiosi silicosis, acbestosis, pulmonary tuberculosis, and various other pulmonary and bronchial complicstions. VI. Plaintiff further states that during his employment and v/hile he was engaged in the capacity heretofore alleged, he wee required to work in various mixing, moulding machines, and there was present in the said manufacturing apparatus, conducted by the defendant, various power driven devices, meens, which caused the aforesaid dusts to permeate the air end atmosphere and that the said dusts were well calculated to injure the plaintiff*s respiratory ey&tem; and that the defendant knew or in the exercise of ordinary cure and caution would have known that the said process so corried on where the plaintiff was required to work, were charged with the divers dustr., etc., and that the said process, wac not conducted wholly in the open iir, bat by rtiauc'i c*r the foregoing, did Plaintiff* Attorney ' i ' i . *s <**.'**' , >niv,^:;'i> ir,j- bc:c.,.;. was: :- ,..t; ..: 5:. ... j\ .... . . t>,. ufori-Lcdd statute, to furnish the plaintiff with e ucr-- viceable nsek, to keep do*.vn the duet, end keep the prem ises free and clear of ell noxious duets couoed to arise from the aforesaid processes of manufacture, end that in consequence of the aforesaid, the plaintiff did contin uously inhale into hie respiratory system, the aforesaid dusts, small particles of asbestos, end other noxious materials then and there thrown out and into the oir, and that by reason of plaintiff *e exposure thereto, plaintiff contracted and developed a pulmonary condition known ns tuberculosis, esbestosis, silicosis, siderosia, pneu moconiosis, pulmonary tuberculosis, and various other pul monary and bronchial complications* * VII- That es a direct consequence of the foregoing, plaintiff became sick, sore, lame, and disordered and will so remain during his life, and has become greatly emaciated, ill, and suffers great pein and anguish and will in the future so suffer; that he Is stricken with an incurable disease, to-wit: siderosie, pneumoconiosis, sili cosis, asbestosiB, pulmonary tuberculosis, and various other pulmonary and bronchial complications, and will so remain during his life; that he has paid out and incurred divers large sums of money in and about endeavoring to become cured of said disease, end has lost, and will in the future loce divers greet gains and profits which he would have other--wise made because of said injury to his health,.and on account of said disease, wherefore plaintiff demands judgment against the defendant, in the sum of 0 2 5 .000-00,and costs of this suit. Lou U. Tnrpey J r Dr^ ke Berg_____ Attorneys for FieintiiT Six Horth Clark C1 {***. * Plaintiff' Attorney STATE OF ILLINOIS COUNTY OF LAKE ) ) SS } IN THE CIRCUIT COURT OF LAKE AYiVY BELCHER COUNTY COMPLAINT AT XAV; Plaintiff, for cause of action against the d e fendant, states: I* That on and prior to the L5th day of April , 19 33 * the defendant was a corporation and was, on and / prior to the aforesaid date, carrying on its business .in the City of ^ru icea/*. County of Lake , and State of . Illinois and did maintain, operate and control a plant or factory, in the aforesaid city, county, and state; and in the prosecution and carrying on of its business, the defendant did use and employ and operate, divers machines, tools, and implements in the manufacture of divers of its products and in the course of said manu facture, the defendant did employ a large number of employees* II, That at the said time and place referred to aforesaid, and for a long time prior thereto, to-wit: since 19 2? , the plaintiff was employed by the defendant as a laborer , and did handle and assist in the handling of various forms of esbeaf oe and, Milica end mniyranese , and the plaintiff, in the >* a i I I 4 ? --Gist In the operation of various power driven machines then and there used by the defendant in the manufacture of its aforesaid products, and v/as required to work in and about the room in which the aforesaid machines, apparatuses, and devices were in operation. III. That the plaintiff v/as engaged in the afore said work in various rooms then and there uaintained by the defendant where a large number of employees were en gaged in the furtherance of the defendants processes of manufacture and that in the said operation of the * aforesaid machines and the handling of the aforesaid *, materials, then and there in the process of manufacture, / divers large quantities of dust of a deleterious nature were caused to be throv/n out and to permeate the air in and about the said room or rooms where the plaintiff was required to work; that said dusts were of a nature i well calculated to cause injury to the plaintiff by the t inhalation thereof. f IV, That the plaintiff was at all times herein after mentioned in the exercise of ordinary care and , caution for his own personal safety and did not know, / nor by the exercise of said degree of care, by one of his experience and intelligence engaged in the same or similar line of work could have known, nor cpuld he be reasonably expected to know of, or appreciate or anti-' clpate, that said dusts were injurious to the health.* t V. Plaintiff further says that the defendant knew, or in the exercise of ordinary care and caution hcr* t h e r e b e i n g u ac<X boyy c.i;aj;grs engi-gu-d i:. t:.c fendant had knowledge, or in the exercise of the ordi nary care and caution would have had knowledge and that the aforesaid devices were practicable and designed for the purpose of collecting and ridding the air of injurious dusts. Count Three Plaintiff hereby adopts Paragraph I, II, III, IV, and V, of hia first count as paragraphs I, II, III, IV, and V, of this, his third count and proceeds as follows: VI. That it then and there became and was the duty of the defendant in the exercise of ordinary care and caution to furnish the plaintiff with proper and efficient ma3ks or respirators to be used or worn by the said plaintiff which would effectively prevent the plaintiff from inhaling the said dust caused to impreg nate the air in the room or rooms in which the plaintiff was then and there employed. That the aforesaid masks and respirators were then and there available and were being used by employ ers engaged in the same ox* similar line of manufacture of which the defendant had knowledge or in the exercise of ordinary care and caution would have had knowledge and that the aforesaid masks and respirators were prac ticable and designed for the purpose of preventing the inhalation of said dusts; that the defendant neglig*1^*^ failed to furnish or provide the plaintiff with proper - 'stint*--.'illnA *m-- **t**g*^ -3- wculd have l:nc,,r* that the afcrossid dust was of an in jurious character und that the continued inhalation of the same "by the plaintiff v/ould then and there cause in jury to the plaintiff. VI. That It became and was the duty of the de fendant to warn the plaintiff of the nature of the said dust then and there given off as a result of the said processes of manufacture but that the defendant/ regard- loss of his duties in the premises, negligently and carelessly failed to notify, inform, or warn,, the plains tiff thereof. 1 * VII. That the plaintiff continued to work in and about said noxious dusts and was exposed thereto, ^ for a long period of time, to-wit: years, in con.se quence of which he contracted an injury and disease hereinafter set forth. 1 Count Two hi Plaintiff hereby adopts Paragraph I* II,. Ill, IV, V,-and VII, of his first count as paragraphs I, II* III, IV, V, and VII of this, his second count, and proceeds ; i A as follov/3: . *T~* *?- VI. That it then and there became and was the duty of the defendant to exercise ordinary care and caui tion to furnish the plaintiff with a reasonably safe place to work; that the defendant negligently failed to observe its duty in the premises in that it failed to furnish: a. adequate and efficient blowers b. adequate and efficient vevtilating devices c. adequate and efficient suction Tans to collect the injurious dusta as aforesaid That the aforesaid blowers, ventilating devices, and musks or respirators. Co\mt Fo\ir Plaintiff hereby adopts Paragraph I, II, III, IV, and V, of his first count as paragraphs I, II, III, IV, and V, of this, his fourth count, and proceeds as follows: VI. That it became and was the duty of the defen dant In the exercise of ordinary care and caution to moisten and wet down, by means of water, the aforesaid dusty materials; that it was feasible and practicable to keep said dust down in the room o r rooms in which the plaintiff was required to work, by means of water as aforesaid, and that tho defendant had knowledge, or in the exercise of ordinary care and caution, would have had knowledge that said method of keeping down the y._* dust was regularly and commonly used by employers en gaged in the same or similar line of manufacture, but that the defendant did not observe his duty in the r premises, but to the contrary, negligently and care lessly failed to moisten or wet down, by moans of water, the aforesaid dusty materials or dusts arising from the processes employed by the defendant. Count Five -Plaintiff hereby adopts Paragraphs I, II, III, of his first count as paragraphs I, II> III,of this, his fifth count, and proceeds as follows: IV. Plaintiff further states that the defendant well knowing the danger of the continued inhalation of dusts by the plaintiff and tho consequent injury to his r'.- '<r;v ` * ^ y ~ r r & \fi*- ,*%. 11 *;%*. " , r * ?** iwf.WfWur .,m^-r -bhealth, wilfully and, wantonly and with conscious indifference to the life and health and safety of the plaintiff failed to furnish a reasonably safe place for the plaintiff to work in, and wilfully and wantonly instructed, ordored, and required the plaintiff to continue with his work without protection by means of blowers, ventilating d e vices or suction fans. Count Six Plaintiff hereby adopts Paragraphs I, II, III, of his first count as paragraphs I, II, III of this, his sixth count, and proceeds as follows; / IV. ' Plaintiff further states that the defendant knew that the aforesaid dusts did then and there imperil, and endanger tho life of the plaintiff from the continued inhalation thereof, and wilfully and wantonly and with conscious indifference to the life and health and safety of the plaintiff, ordered, required and instructed, the plaintiff to proceed with his work and wilfully and wantonly refused to provide the plaintiff with vasks or respirators or other reasonable apparatus to prevent the plaintiff from inhaling the injurious dusts. The plaintiff concludes each and every one of the foregoing six counts as follows: 9 That as a direct consequence of the foregoing, plaintiff became sick, sore, lame, and disordered and will so remain during his life, and has become g r e a t ly emaciated, ill, and suffers great p a i n and anguish and will in the future so suffer; that ho is stricken with an incurable disease, * to-wit: sIdcrosis, 'pneumoconioaiu, silicosis, pulmonary * tuberculosis, and various other pulmonary and bronchial complications, and will so remain uuring his life; that f he has paid out and incurred divers large sums of money f ; in and about endeavoring to become cured of said disoase, and has lost and will in the future continue to lose di- % vers great gains and profits which he would have otherwise ; made because of said injury to his health, and on account 3 \ of said diseases, wherefore, plaintiff demands judgment | against the defendant in the sum of TWENTY FIVE THOUSAND [ DOLLARS ($25,000.00), and costs of this suit- *