Document O1Vw6OV027qENvkD7q8Owj3xe

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1935 DOC#: EADS036 DOCUMENT DESCRIPTION: Documents from Case of Estella Hacker \*. r'*-\Vi-* \\ i j STATE OF ILLINOIS ) l COUKTY OF LAKE IN THE CIRCUIT COURT OF. LAKE COUNTY | ESTELLA HACKER ) 1 xrg 1 Un. I JOKNS-^AHVILLE PRODUCTS CORPORATION, J ' '* ! a corporation ) 4 COKFLAIKT AT LAW Plaintiff for cause of ection against the defendant, Btates: I. Th't on end prior to the 2>rd day of December, 193^ the defendant o;med, operated, controlled and managed a certain asbestos and roofing manufacturing business in the City of Yeujcegan, County of Lake, State of Illinois, and in the proeecution of its business did maintain and operate divere mixing, moulding, packing end stamping process for the manufacture of various moulded, cornprecsed, and perforated asbestos rings and packings on washers and various ether and sundry devices then and there in the course of manufacture by the said defendant* II. Thet at the said time and place referred to as aforesaid and for a long time prior thereto, to-wfcs since 1922, the plaintiff v*?* esnployed by the defendant in the asbestos packing end rrasher department, and w hile so deployed, meintrined ond operated divers perforating punching procascec for the purpose of oerforatim forms of asbestos washers. III. t plaintiff t ip s employed in the afore said rork in vnrioup roomc then end there maintained by the defendant where a large number of employees were employed in the furtherance of the defendants processes of manufacture, and that in the 6rJid operation of the eforesnid machines, divers large quentities of asbestos duet and other finely powdered dustc were caused to be thrown into the air and about the room or rooms in which the plaintiff was reouirea to work, ana thet as a result of the aforeeeid. plaintiff was exposed to the action of the aforesaid divers forms of dust, and did inhale into her lungs and bronchial track the aforesaid dUBt, etc., as Rforeeaid, IV. That said work and processes referred to were work end processes which might produce illness and disease peculiar to the work and processes so carried on end the said work end processes subjected the employees of the defendant to danger of illness and disease incident to such work and process to which employees in other lines of employment are not ordinarily exposed, namely, to-wit: that said work and processes carried on subjected the employees of the defendant, including the plaintiff, to the danger of Illness and disease incident to such work end processes to which in other lines of employment arc net ordinarily exposed, to--wit: illness anc disease caused by the action of the aforesaid dusts, asbestos dusts, and other dusty products, and thnt this diseases are known as silicosis, sideroeis, pneumoconiosis, rsbertonis, pulmonary tuberculosis, and various other pulmonary end bronchial complications. Plaintiffs* Attorney  ] ; ** i ..J..'*iv>-V V. That st the said time plrce there in full force and effect in the State of Illinois a certain statute reading in words ond figures as follows; wBe it enacted by the people of the State of Illinois, represented in the General Assembly, that every employer of labor in this state, engaged in carrying on any work or process which may produce any illness or disease peculiar to the work and process which subjects the employees to the danger of illness and disease, incident to such work end process, to which employecd are not ord,ir'^Ti1y exposed in other lines of employment, shall, for the protection of all employees, engaged in vuch work or process, *dqpt and provide reasonable and approved crevices, means,,or methods, for the prevention of such Industrial or Occupational disease as are incident to such work or process* 11 end that it became and was the duty of the defendant to adopt end provide reasonable and approved devices, means, . or methods, for the prevention of such Industrial or Occupticne.1 diseases as were incident to the work or processes carried on in the defendants factory, to--wit; sill cost b , eidcrccis, asbestosis* pneumoconiosis, pulmonary ^ ^ 1 v mV bronchial complications, yet, notwithstanding its duty in * ' * said regard the defendant wrongfully,.wilfully, and unlaw- * n \ * i 4 fully failed to adopt and provide and maintain adequate reasonable or approved devices, means, or methods for the prevention of such Industrial or Occupation^ diseases as were incident to such work or processes carried on in said factory, and thst the defendant wilfully violated and wilfully foiled to comply with the provisions of the Statute referred to ns afo>*eoetd, namely, dfendent wrongfully, wilfully end 3n violation of the statute, failed to odopt and provide or maintain rny sbeouste reasonable end approved devices, means, or methods for the removing of the dust, etc., occasioned f*nd caused by ^he cr^id uroceles referred to aforesaid through suction Llorrers, ^ethode of ventilation, ceskt*, or by means 3. Address 11111p""''*."***'*''*&*`nmtmmmuis&uwiwi o ' '*: ti r to K.o^ d-.-n ;: . ? . t, ot^. . >n? r the u cvi r -ion of tuch Indi.u ;/;.--I or f.c -ontion?;! diseases incident to the *.ork or processes carried on in said f actox-y , to-wit: siderosis, pneumoconiosis, cilicosic, eshestosis, pulmonary tuberculosis, and various other pulmonary and bronchial complications. VI. Plaintiff further states that during her employment and while she was engaged in the capacity hereto-. V fore alleged, she was required to work in various machines * and there was present in the said manufseturing apparatus conducted by the defendant various power driven devices, means which caused the aforesaid dustB to permeate the air and atmosphere and that the said duets were well calculated to injure the plaintiff* respiratory system, and that the *mt defendant knew or in the exercise of ordinary care and caution would have known that the said process, so carried on where the plaintiff w8e required to work, was charged with divers duste, etc., and that the said process was not conducted wholly in the open air, but by reason of the foregoing, did become and was the duty of the defendant under the aforesaid statute to furnish the plaintiff with a service- , r. * able mask, to keep down the dust, end keep the premises free and clear of all noxious dusts caused to arise from the efore- saia processes of manufacture, and thr.t in consequence of the aforesaid, the plaintiff did continuously inhale into his respiratory system the aforesaid asbestos dusts, and other noxious materials then and there thrown out and into the air, end that by reason of plaintifffs exposure thereto, plaintiff con tracted snd developed a pulmonary condition known as asbestosis, silicosis, siderosis, pneumoconiosis, and various other pulmonary and bronchial complications* b. Address VII. Th:rt as 8 direct consequence of the foregoing, plaintiff became sick, sore, pale, disordered end will bo remain during her life, end thst Bhe has become greatly emaciated, ill, and suffers great pain and anguish and will in the future so suffer, that she is stricken with an incurable disease, to-wit; aebestoeis, pneumoconiosis, siderosis, silicosis, pulmonary tuberculosis, and various other pulmonary and bronchial complications and will so remain during heT lifetime; that she has paid out and incurred divers large sums of in and about endeavoring to become cured to said disease and will in the future lose divers large gains and profits which she would have otherwise made because of said injury to her health, on account of said disease. Wherefore, plaintiff demands Judgment against the defendant In the sum of $50*000.00 and costs of this suit. Drake H. Berg Attorney for Plaintiff, Six Worth Clark Street Chicago, Illinois - &\JU i Plaintiffs' Attorney Address * STATE OF ILLIHOIB) OOU17TT OF C O O K ) JOHN J. FLYNN does hereby certify that he is one of the attorneys of record for the defendant, JOHNSMAHVILLE PRODUCTS CORPORATION, a corporation; that in hie opinion the foregoing notion is well founded in point of low and that It is not Interposed for the purpose of delay Subscribed and sworn to before me this day of Juno, 1925- Notary Public. 2, COUNTY OF LAKE ) SS tu ' IH THE CIRCUIT COURT OF LAKE COUNTY Estelle Hacker Plaintiff ) Vs j No. 3**259 ) Defendant 1` j AVENDED COi'PLAlNT AT LAT7 AWS2JDED COMPLAINT *,T IA1J: Plaintiff, for cause of action against the de fendant , states; I. That on and prior to the 23rd day of Dec, , 19 3^ $ the defendant was a corporation and was, on and prior to the aforesaid date, carrying on its business in the City of tfauker.yi County of Lake , and State of t and did maintain, operate and control ft 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 diver3 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 u long tiue prior thereto, to-wit: since 19 , the plaintiff was employed by the defendant as on cabeatoc picker an' , and did handle and assist in the .handling of various perforating end aoteHioj wa oher punch in mrehinee for / , and the plaintiff, in the - 2pursuance of his duties v/ns required to operate and assist in the operation of various powor driven machines then and there used by the defendant in the manufacture of its aforesaid products, and was required to work in and about the room in which the aforesaid machines, apparatuses, and devices were in operation, III- 'That the plaintiff was engaged in the cfore said work in various rooms then and there maintained by the defendant where a large number of employees were en gaged in the furthci'ance of the defendant's 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 du3t of a deleterious nature were caused to be thrown out and to permeate the air in and about the said room or rooms where the plaintiff r;e,s required to work; that said dusts were of a nature well calculated to cause injury to the plaintiff by the inhalation thereof. IV, That the plaintiff wu3 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 v/ork could have known, nor could he be reasonably expected to know of, or appreciate or anti cipate, that said dusts were injurious to the health V. Plaintiff further says that the defendant knew, or in the exorcise of ordinary care and caution would have knovm that the aforesaid dust was of an in jurious character and that the continued inhalation of tiie 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 tho plaintiff of the nature of the said dust then and there given off as a result of the said processes of'manufacture hut that the defendant,, regard less of his duties in tho premises, negligently and carelessly failed to notify, inform, or warn,, the plain tiff thereof. VII. That the plaintiff continued to work in t. and about said noxious dusts and was exposed thereto, for a long period of time, to-v/it: 1? years,, in conse quence of which he contracted an injury and disease hereinafter set forth. Count Two Plaintiff hereby adopts Paragraph I, II, III, IV, V, and VII, of his first count as paragraphs I, IZ, III, IV, V, and VII of this, his second count, and proceeds as follows: VIJ That it then and there became and was the duty of tho defendant to exercise ordinary care and cau 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. b. c. adequate and efficient blowers adequate and efficient ventilating devices adequate arid efficient suction fans to collect the Injurious dueto as aforesaid That the aforesaid blowers, ventilating devices, and -4suction fane were then and there available and were then and there being used by employers engaged in the same or similar lino of manufacture of which the de 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 his 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 masks 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 or similar line of manufacture of which the defendant had knowledge or in the exercise of ordinary coro 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 negligently failed to furnish or provide the plaintiff with proper -5wasks or respirators. Count Four Plaintiff hereby adopts Paragraph I, II, IIIIV, 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 ox^dinary 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 or rooms In which the plaintiff was required to work, by means of water as aforesaid, and that the defendant had knowledge* or in the exercise of ordinary care and caution, would have had knowledge that said method of keeping down the dust was regularly and commonly used by employers en gaged in the sane or similar line of manufacture, hut that the defendant did not observe his duty in the premises, but to the contrary, negligently and care lessly failed to moisten or wet down, by means of water, the aforesaid dusty materials or dusts arising from the processes employed by the defendant# Count Pive *Plaintiff hereby adopts Paragraphs I, II, IIJ, 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 dust3 by the plaintiff and the consequent injury to his vii V-*M _'\--v,-^-- '.' *>ifito^uk -6health, wilfully and wantonly and v/ith conscious indiff erence to the lifo and health and 3Cfoty of the plaintiff failed to furnish a reasonably safe place for the plaintiff to work in, and wilfully and wantonly instructed, ordered, and required the plaintiff to continue with his wor^ without protection by moans of blov/ers, ventilating de vices or suction fans* Count Six - Plaintiff hereby adopts Paragraphs I, II, III, of hi3 fira 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 the life of the plaintiff from the continued inhalation thereof, and wilfully and wantonly and with conscious indifference to the life and health and safe/y of the plaintiff, ordered, required and instructed the plaintiff to proceed with his work and wilfully and wantonly refused to provide the plaintiff with masks 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: That as a direct consequence of the foregoing, plaintiff became sick, sore, lame, and disordered and will so remain during his lifo, and has become greatly emaciated, ill, and suffers groat pain and anguish and will in the future so suffer; that he is stricken with an incurable disoaso, f 1 h' , 3 * L~T t*v^ iiiriVr^-- - to-wit; siderosis, pneumoconiosis, silicosi3, 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, 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 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. At torneys for Plaint it'f\ f 1 i